Is Sheikh Hasina’s Son Questioning the Awami League Ban Ordinance?
Synopsis
Key Takeaways
Washington, Feb 19 (NationPress) Sajeeb Wazed, the son of Bangladesh’s former Prime Minister Sheikh Hasina, has raised concerns about the legality of an ordinance enacted by the interim government aimed at banning the Awami League. He pointed out that the newly formed BNP-led administration is under a constitutional obligation to make a decision within a 30-day timeframe regarding its validity.
Wazed stated that the interim government modified the Anti-Terrorism Act of 2009 via a new ordinance, thereby granting itself the authority to prohibit political party activities. Following this, they issued S.R.O. 137Ain/2025 based on the new powers.
“To impose a ban on Awami League, the Interim Government had to enact a new ordinance amending the Anti-Terrorism Act 2009, thereby claiming the power to ban political party activities and then published S.R.O. 137Ain/2025 based on those powers,” he said.
He referenced Article 93(2) of Bangladesh’s Constitution, which mandates that any such ordinance must be presented before Parliament during its first session after a new government is established.
“The ordinance will expire after thirty days unless it is validated by a legislative Act within that timeframe,” he added.
Wazed noted that within this crucial 30-day constitutional period, the BNP-led government could either let the ordinance lapse or pass it into law, thereby integrating both the amendment and the new powers into the permanent text of the Anti-Terrorism Act of 2009.
If Parliament endorses the amendment in its current form, Wazed emphasized, “the ordinance and all actions based on it—including the declaration of the Awami League as an ‘entity’ and the deregistration by the Election Commission—would be unconstitutional and subject to judicial review.”
He argued that parliamentary approval would signify acceptance of what he termed an extraordinary application of anti-terrorism legislation.
“Should the BNP government obtain parliamentary approval for the amendment as it stands, it would indicate an intention to endorse and perpetuate the interim administration’s misuse of anti-terrorism laws to ban political parties, thus undermining democracy and normalizing an extraordinary exclusion of the Bangladesh Awami League from the political and electoral landscape,” he asserted.
On the other hand, he argued that a decision against validating the ordinance would represent a step away from the interim government's policies.
“Conversely, if the BNP government opts not to validate the ordinance, it would demonstrate a willingness to distance themselves from the hostile interim government's tactics and work towards a more rights-compatible anti-terrorism framework. To promote a pluralistic party competition and inclusive democracy, the BNP must refrain from endorsing the ordinance and allow it to expire after 30 days following the first parliamentary session,” he concluded.
The Anti-Terrorism Act of 2009 was introduced to combat militancy and extremist violence. The Awami League and the Bangladesh Nationalist Party (BNP) have been the leading political forces in the country since the re-establishment of parliamentary democracy in the early 1990s, making any attempt to legally ban a significant party both legally and politically significant.