Constitution
Watchdog

With fewer than 48 hours remaining before the 13th National Parliamentary Election and the Referendum on the July Charter, Constitution Watchdog issues this supplementary statement to address two rapidly developing threats to the constitutional order: the erratic regulatory approach of the Election Commission (EC) and the direct physical intervention of state forces in media operations.

While the Election Commission has ostensibly reversed its stance on mobile phone usage within polling centers, we assert that the process of this reversal, characterized by ambiguity and late-stage amendments, combined with the raid on the Bangladesh Times office, reveals a systemic fragility in the rule of law.

1. Regulatory Volatility as a Constitutional Deficit

We note the EC's decision to permit mobile phones in polling stations, effectively retracting its previous "digital blackout" directive. However, Constitution Watchdog contends that this "correction" does not absolve the Commission of the initial breach of judgment.

• The "Chilling Effect" of Uncertainty: The oscillation between banning and allowing essential communication tools creates a climate of regulatory unpredictability. In constitutional jurisprudence, laws and directives must be stable and predictable to be just. A governing body that flips fundamental transparency protocols days before a national vote demonstrates a concerning lack of procedural certainty, a core tenet of Article 119.
• The Approach vs. The Outcome: While the outcome (phones allowed) is correct, the approach, attempting a ban and only retreating under civil society pressure, signals that the EC views transparency as a concession to be granted, rather than a constitutional right to be upheld.

2. Direct Assault on Article 39: The Bangladesh Times Incident

We unequivocally condemn the entry of army personnel into the offices of Bangladesh Times and the subsequent detention of 21 journalists and staff members.

• Violation of Sanctuary: A media house is a sanctuary of free speech. The warrantless entry and mass detention of staff constitute a gross violation of Article 39 (Freedom of the Press) and Article 32 (Protection of Right to Life and Personal Liberty).
• Editors' Council Concern: We align with the Editors' Council, which has rightly flagged this incident as a dangerous precedent. When state forces act as arbiter and enforcer within newsrooms, the "Fourth Estate" ceases to function as a check on power and becomes a target of it.

3. The "Referendum" on Democracy

It is critical to remember that the upcoming vote is not merely a parliamentary election but also a Referendum on the July Charter. This dual mandate requires a higher, not lower, standard of scrutiny.

Integrity at Risk: If the mechanisms of observation (phones) are treated as negotiable, and the observers (journalists) are subject to intimidation, the resulting mandate, whether for the Parliament or the Charter, will suffer from an origin defect (legitimacy crisis).

A free election cannot coexist with a sieged press or a vacillating regulator. Constitution Watchdog calls upon:

1. The Election Commission: To issue a final, immutable "Standard Operating Procedure" (SOP) for polling day that guarantees no further surprise restrictions on observers.
2. The Interim Government: To provide a public explanation for the Bangladesh Times raid and ensure that the "July Spirit" is not cannibalized by the very authoritarian tools it sought to dismantle.