Constitution
Watchdog
Office: 12/B, Mirpur 12, Dhaka - 1216
Email: [email protected]
Website: constitutionwatchdog.org
Contact: +880 1726-079942
Legal Observatory
Date: 09/02/2026
Statement No: CW/02/09/S/T/10
Formal Objection to the Exclusion of Journalists from Mobile Phone Exemptions within the 400-Yard Polling Radius
(Ref: Memo No. 17.00.0000.034.36.017.25-189)
Constitution Watchdog formally registers its profound concern regarding the Election Commission Secretariat's directive issued via Memo No. 17.00.0000.034.36.017.25-189 on February 8, 2026. The directive, which mandates a strict prohibition on mobile phones within a 400-yard radius of polling centers for the upcoming election on February 12, 2026, threatens to fundamentally compromise the transparency and accountability of the electoral process.
By limiting mobile phone possession exclusively to the Presiding Officer, the Police In-charge, and specific Ansar members utilizing the 'Election Security 2026' application, the Commission has inadvertently institutionalized an information asymmetry that disproportionately favors state actors while blinding independent observers and the press.
1. Constitutional Breach of Article 39 (Freedom of Press)
The Constitution of Bangladesh, under Article 39(2)(b), guarantees the freedom of the press. In the contemporary digital landscape, the ability to report in real-time is inextricable from the freedom of the press itself.
- The imposition of a 400-yard exclusion zone for communication devices effectively imposes a "digital blackout" on polling stations.
- This restriction prevents journalists from documenting irregularities, verifying voter turnout in real-time, or broadcasting evidence of malpractice, thereby stripping the media of its constitutional function as a watchdog.
2. Violation of Article 119 (Superintendence and Control of Elections)
Article 119 mandates the Election Commission to ensure that elections are honest, just, and fair. Fairness is predicated on transparency.
Past national elections have demonstrated that electoral fraud including ballot stuffing and intimidation thrives in environments devoid of independent monitoring. By granting communication privileges solely to law enforcement and election officials, the EC removes the only independent verification mechanism available: the citizen journalist and the accredited press. This concentration of information control creates a permissive environment for potential "Autocratic Legalism" and procedural manipulation.
3. Operational Recommendations
We assert that security protocols must not come at the expense of democratic visibility. Therefore, Constitution Watchdog strongly urges the Election Commission to immediately amend the directive referenced in Memo No. 17.00.0000.034.36.017.25-189 to:
- Explicitly exempt Accredited Journalists and International Election Observers from the mobile phone restriction within the 400-yard radius.
- Establish a clear protocol allowing media personnel to livestream or transmit data from the periphery of polling booths to ensure public trust is maintained.
The integrity of the 13th National Parliamentary Election depends not just on the casting of votes, but on the public's ability to witness the process. We await your prompt rectification of this order.
Statement Issued By
Md. Ibrahim Khalilullah
President
Constitution Watchdog (CW)
