By Farzana Tamannur (TON Bangladesh) 

On October 30, The High Court (HC) 2022 issued a rule, asking why the provision empowering the police commissioner to ban rallies or meetings in the Dhaka metropolitan area should not be stated unconstitutional and illegal.

The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order following a writ petition.

Four people, including the law ministry secretary, home ministry secretary, and Dhaka Metropolitan Police Commissioner were made respondents to the rule.

Advocate Abdul Momen Chowdhury appeared for the writ petitioner in the court. Attorney General AM Amin Uddin and Deputy Attorney General Arobinda Kumar Roy represented the state.

On October 20, Supreme Court lawyers Abdul Momen Chowdhury and KM Zabir, Chandpur Bar Association lawyer Selim Akbar, and two individuals Shah Nuruzzaman and Mohammad Yasin filed the writ petition challenging Section 29 of the Dhaka Metropolitan Police Ordinance 1976.

Section 29 states that the police commissioner may ban any public gathering or procession when needed and for the period that he/she considers essential through written order for the maintenance of peace or public safety. But no such prohibition shall persist in force for more than 30 days without permission of the government.

Lawyer Abdul Momen Chowdhury said Section 29 of the ordinance conflicts with Article 37 of the constitution and goes against fundamental privileges.

Meanwhile, the state counsels said public assemblies are not always banned by police, except when there is any chance of chaos. If two political parties call assemblies at the same venue, there might be disorder.

Ruling Awami League-backed miscreants have continued their attacks on BNP rallies and processions in diverse parts of the country, leaving some people injured.

Law enforcement banded BNP from holding pre-scheduled demonstrations in Munshiganj and the administration issued section 144 in Noakhali to avert conflict as the ruling party declared their rallies at the same location at around the same time.

 In Cumilla, Titas upazila BNP scheduled a rally at the upazila sadar as part of their central programme.

BNP units in districts and upazilas have been staging marches, rallies, and human chains, protesting fuel and commodity price hikes and the deaths of their two activists in Bhola.

"Awami League activists foiled their programme, confronting them with bamboo sticks," according to Titas Upazila BNP General Secretary Osman Gani Bhuiyan.

He went on to say that supporters of the Awami League and affiliated organizations took up positions in adjacent upazila sadar areas since last night to stop the BNP from holding a rally.

At one stage, they chased BNP leaders and activists in numerous places of the district town while they tried to march towards the assembly venue, leaving at least 15 people wounded. 

Titas police station officer-in-charge, Sudhin Chandra Das, said they were informed about chases and counter chases among BNP and Awami League men, but did not obtain any formal complaint. Additional police have been arranged in the area.

In Munshiganj's Gazaria upazila, police banded the BNP from holding their protest march in the Bhoberchar College road region on Tuesday.

Restricted by law enforcement, BNP leaders and activists held a short demonstration at the venue and left the place. 

However, four people were wounded in a reported attack by Awami League leaders and activists on BNP men on their way to Gazaria upazila to join the party's protest demonstration on Tuesday.

Of the wounded, Gazaria upazila Jubo Dal Assistant General Secretary Mohiuddin Ahmed was admitted to the upazila health complex, while three others, including CNG auto-rickshaw driver Ripon Mia, were given first aid. 

In Noakhali, police, in overnight drives in Sadar, Senbag and Chatkhil upazilas, arrested 21 people in two cases over a clash that erupted among BNP and Awami League on Monday.

Superintendent of Noakhali police, Md Shahidul Islam, said the arrested were in trial court on Tuesday afternoon.

Of the two cases, Awami League filed one whereas the police lodged another one, making about 450 BNP leaders and activists blamed for the clash among two parties, vandalizing shops and the Dumuria union BNP office, and making anarchy.

Awami League and BNP activists locked in a clash at Senbag upazila of the district following an attack by ruling party supporters on the opposition activists on Monday, leaving at least 20 people injured.

Noakhali's Begumganj upazila administration issued section 144 when ruling Awami League and BNP both announced their rallies at the same location around the same time.

The BNP had a pre-planned programme at Chaumohani stadium protesting fuel plus commodity price hikes. However, the Awami League declared a rally at the same venue to prevent the BNP programme. 

To avert confrontation, the administration issued a prohibition on any programmes there from 6:00am to 8:0pm on Wednesday, said Begumganj UNO, Shamsun Nahar.

In the meantime, in Rangamati, BNP held a protest demonstration in front of its district office on Tuesday on the occasion of International Day of the Victims of Enforced Disappearances.

At the demonstration, Central BNP Organizing Secretary Mahbubur Rahman Shamim and other BNP leaders demanded an international query of every incidence of enforced disappearances.

Criticizing the stopping of BNP's democratic programmes by issuing Section 144 without any provocation, and the attack and arrest of its leaders and activists, Rangamati BNP leaders, said, "You (the government) cannot stay in state power by issuing Section 144." There is no doubt that BNP is gaining extensive popularity while Awami League is trying to stop the party undemocratically.