With the National Citizen Party’s call to ban the Awami League growing – having been joined by Bangladesh Jamaat-e-Islami and Hefazat-e-Islam – it seems Bangladesh is about to witness another watershed.
Law, Justice and Parliamentary Affairs Adviser of Bangladesh’s interim government Asif Nazrul said yesterday (9 May) that the law will be no problem in banning Awami League as there are some laws, including the Anti-Terrorism Act, for banning the party.
“We (advisers) have no disagreement on the issue of taking action against the Awami League. However, everyone can have their own opinion on the method. We need to remember that if we want, we can amend the ICT Act within a few days. There are other laws, including the Anti-Terrorism Act, to ban the Awami League. So, the law is not a problem.”
A ban on a political party will not be new for Bangladesh.
Over the years, Bangladesh has seen a few political parties be banned, alongside a number of organisations.
To do so, Bangladesh has support of the law.
By the book
According to the Special Powers Act 1974, the government may ban any political party or organisation if it contravenes the provision of the law.
The government can also forfeit its property and funds.
The Special Powers Act contains a chapter on “Control of subversive associations”, which extends to political parties.
There’s also the Political Parties Ordinance 1978, which states that “no political party shall be formed with the object of propagating any opinion, or acting in a manner, prejudicial to the sovereignty, integrity or security of Bangladesh”.
It further adds that no political party can “maintain any secret or underground organisation, group or agency, or engage in any secret or underground activity; or organise or maintain any armed cadre, volunteer corps or any other organisation, by whatever name called, which is intended or is likely to operate like a disciplined force.”
There’s also the Bangladesh Anti-Terrorism Act, enacted in 2009, which outlines offenses and penalties related to terrorism.
It also provides the legal framework for the Anti-Terrorism Unit (ATU), which is responsible for countering extremism and terrorism.
These acts have been used on different occasions to ban political parties or organisations.
History of bans
Following Bangladesh’s independence in 1971, the government led by Sheikh Mujibur Rahman banned all religion-based political parties, including Bangladesh Jamaat-e-Islami, as part of establishing a secular state.
The ban was later lifted in 1976 under President Sayem, and Jamaat-e-Islami was fully reinstated in 1979 during President Ziaur Rahman’s tenure.
By 2013, with the AL in power, the Bangladesh High Court cancelled Jamaat-e-Islami’s registration, ruling that its charter violated the country’s secular constitution, rendering the party ineligible to contest elections.
In 2024, the AL government banned Jamaat-e-Islami under anti-terrorism laws, accusing it of inciting violence during nationwide protests.
However, this ban was revoked in August 2024 by the interim government, citing a lack of evidence linking the party to terrorist activities.
Similarly, Jamaat’s student wing, the Islami Chhatra Shibir, was also banned in 2024, with the ban lifted by the interim government when it assumed power.
While Jamaat may have gone full circle, The Purba Banglar Sarbahara Party (PBSP) and the Purba Banglar Communist Party (PBCP) have continued to remain banned.
Both are two far-left Maoist organisations that were banned due to their involvement in armed insurgency and extremist activities.
They are banned under national security laws, including the Special Powers Act 1974.
Most recently, The Bangladesh Chhatra League was banned on 23 October 2024 under Section 18(1) of the Anti-Terrorism Act 2009, for involvement in violent activities during student protests.
Aside from political parties, there are also organisations which have been banned.
In more recent times, the Kuki-Chin National Front, an ethno-nationalist armed organisation based in the Chittagong Hill Tracts (CHT) of southeastern Bangladesh, came under the spotlight after a spate of robberies last year.
The AL government deemed them to be “enemies of the state”. Although no official gazette was issued regarding their status, the government orchestrated a crackdown against the armed organisation.
Before it, back in 2005, the Jama’atul Mujahideen Bangladesh (JMB) was banned under the Anti-Terrorism Act, 2009, following a series of coordinated bombings across the country.
Four years later, the Hizb ut-Tahrir (Bangladesh Chapter) was banned under the Anti-Terrorism Act 2009, for attempting to incite military insurrection and establish a caliphate.
Although the ban on Hizbut is in place, the group continues to hold programmes across the country.