Legal notice seeks delay of polls, urges referendum to go ahead

A legal notice has been issued demanding the postponement of the 13th National Parliamentary election until all weapons and ammunition looted during the July–August 2024 Mass Uprising are recovered, while insisting that the upcoming national referendum proceed as scheduled on February 12, 2026.

Supreme Court lawyer Md Mahmudul Hasan sent the notice on Sunday via registered post and email to senior government officials, including the Cabinet Secretary, the Secretaries of the Ministries of Home Affairs and Law, Justice and Parliamentary Affairs, the Election Commission Secretary, the Inspector General of Police (IGP), and the Director General of the Rapid Action Battalion (RAB).

The notice gives authorities seven days to act, warning that failure to comply will prompt the filing of a public interest litigation (PIL) in the High Court under Article 102 of the Constitution.

It highlights that large quantities of firearms and ammunition were looted from police stations and other security installations during the widespread civil unrest of mid-2024. According to the notice, much of this weaponry remains unaccounted for, creating a grave and ongoing threat to public safety.

The notice cites the December 12 attack on Sharif Osman Hadi, an independent candidate for the Dhaka-8 parliamentary constituency, as clear evidence that unrecovered arms are already being weaponized to intimidate and target political figures.

It also emphasises a key distinction between the two upcoming democratic exercises: the referendum under the post-uprising July Charter is a non-partisan, consensus-driven process with minimal risk of violence, whereas parliamentary elections are highly competitive and therefore especially vulnerable to armed interference, voter suppression, and electoral violence.

Invoking Article 32 of the Constitution, which guarantees the right to life and personal liberty, the notice argues that conducting parliamentary elections amid unchecked circulation of illegal arms would constitute a direct violation of fundamental rights.

The notice demands that the national referendum proceed as scheduled on February 12, 2026, that all preparations for the 13th National Parliamentary election be suspended until looted weapons are recovered and public security fully restored, and that the government publicly disclose its progress on arms recovery and its security assessment for the elections.

This is not the first legal challenge to the election timeline. A previous petition seeking to halt the parliamentary polls was dismissed by a High Court bench comprising Justices Shikdar Mahmudur Razi and Rajiuddin Ahmed. However, the current notice presents a more targeted argument rooted in documented security failures and constitutional imperatives, potentially strengthening its legal standing.

Should the authorities fail to respond within the seven-day window, Mahmudul Hasan has indicated he will file a writ petition seeking judicial orders to postpone the parliamentary election while ensuring the referendum proceeds unimpeded.