Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 8 Fri. June 04, 2004  
   
Editorial


Editorial
The SC verdict
A concern for fairplay addressed
In an ambience marked by a high degree of interest in legal circles topped off by public expectancy, the Supreme Court has upheld the High Court stay order on Ramna-Tejgaon parliamentary by-poll.

The immediate implications of the verdict are two-fold. First, the by-election will not be held on June 6 as scheduled previously keeping in view the 90-day time-limit. Secondly, with the rejection of the appeal for vacation of the stay order, the dispute over election symbol allocation goes back to the HC Division for adjudication. The hearing on the original rule of the HC Division on Mannan's writ petition begins on June 12.

There is a sense of relief over the Supreme Court verdict which has been reflective of a response to a public concern for adherence to electoral rules. Kula was allocated to Mahi Chowdhury, a Bikalpadhara by-election candidate for the Munshiganj seat, but not to Mannan, a candidate from the same party for the Dhaka-10 constituency.

Even though the SC orders relate to a matter of technicality i.e. allocation of symbols, deeper down is the concern for electoral fair-play which has been addressed to our relief. From this standpoint, the neutrality, credibility and public image of the judiciary have been enhanced.

We now await the full text of the SC judgement which, we hope, will elaborate on the 'flaws in the appeal' and reasons for its rejection. Mystery shrouds the question as to who filed the appeal -- the Election Commission or the returning officer? Hopefully, this will also be clarified for the sake of transparency on the part of EC .

While we are greatly heartened by the SC verdict, a natural question crops up: why the special bench had to refer the matter to a full bench? After all, it did not entail any fundamental question of Constitution that could not be addressed by the special bench itself.

One sad aspect of the episode had been the denial of access to newsmen into the court hearings, even for two days. But that this was set right by the Chief Justice's intervention is a good augury for sustaining the symbiotic relationship between the judiciary and the press.