Controversial elections not EC’s responsibility, former CEC Nurul Huda tells court

Former chief election commissioner KM Nurul Huda has told a Dhaka court that the Election Commission (EC) should not be held accountable for controversies surrounding elections.

During a remand hearing at the court of Chief Metropolitan Magistrate Mostafizur Rahman on Monday, the judge asked Huda whether he believed he had violated his oath of office.

Huda replied in the negative.

He said: “The Election Commission comprises five members, supported by 1.6 to 1.7 million staff across the country. From Dhaka, it’s not possible to directly monitor how elections are conducted in remote regions.”

As the judge reminded him of his oath to ensure free and fair elections, Huda said: “Once results are announced, the matter falls under the jurisdiction of the High Court. If irregularities are found, the High Court can take action.

“The commission cannot cancel an election after the fact—that would amount to interfering with the judiciary.”

He added, “The prosecution has alleged bribery in the elections. But if an election is controversial, that doesn’t automatically make the commission liable.”

Police sought 10 days to quiz Huda in custody in a case filed by the BNP over holding elections “without the people’s mandate”.

Sher-e-Bangla Nagar police Sub-Inspector Shamsuzzoha Sarkar, the investigation officer, presented 11 arguments in support of the remand petition.

Following arguments from both sides, the court rejected Huda’s bail and cancellation of remand pleas, granting police four days to interrogate him.

Huda was brought to the Dhaka Chief Metropolitan Magistrates’ Court around 3pm and kept in the court lockup. At 4:10pm, he was taken to the courtroom. He stood quietly in the dock with his head down and hands behind his back, later stepping forward to respond during the hearing.

Omar Faruq Faruqi, the state prosecutor, argued in favour of the remand, saying Huda played a “central role” in establishing what he called deposed prime minister Sheikh Hasina’s “fascism.”

“He deceived the public,” Faruqi said, alleging that Huda oversaw the 2018 election where instructions were given to deputy commissioners to manipulate votes the night before polling.

“They handed out money, biryani, and held celebrations at night. Journalists asked him about it and he shamelessly replied that voting had already happened,” he said.

“He is referred to as the ‘midnight election commissioner’. I don’t know how he faces his family. He betrayed the nation,” the prosecutor added.

In response, defence counsel Tawhidul Islam said the prosecution had not adequately addressed the legal basis for remand and was relying on “narratives”. He argued that the charges against Huda are all bailable and that seeking remand under bailable sections was “legally flawed”.

He challenged the prosecution saying, “Show us the law that permits remand under bailable offences.”

Tensions rose during the hearing as some defence lawyers began shouting, prompting commotion in the courtroom.

Another defence lawyer said Huda had fought in the 1971 Liberation War as a sub-commander under Sector 9 Commander Major Mohammad Abdul Jalil and had led operations to liberate Patuakhali from occupying forces.

The case was filed by the BNP on Sunday with Sher-e-Bangla Nagar police, naming 19 individuals including Huda, election commissioners who served during the 10th, 11th, and 12th general elections, and Hasina.

Huda was detained by a group of individuals at his Uttara residence just six hours after being named in the case. He was manhandled and humiliated before being handed over to police, who later showed his arrest in the case and took him to the Detective Branch office on Minto Road.