Court last hope for Awami League after activity ban

With its political activities banned under an amended anti-terrorism law, the Bangladesh Awami League’s only remaining path to resuming operations now lies in the courts, legal experts say. The 13th National Parliament on Wednesday approved the Anti-Terrorism (Amendment) Bill, formalising an ordinance issued during the interim government’s tenure that allows authorities to prohibit activities of individuals or entities accused of involvement in terrorism.

Under the law, the government can ban organisational activities through a gazette notification, restrict public statements, and prohibit meetings, processions and campaigns across all platforms. While the Awami League as an entity has not been dissolved, the ban on its activities effectively sidelines it from political engagement.

Senior Supreme Court lawyer Mamun Mahbub said the party still has a constitutional avenue to challenge the decision. “The Awami League has not been banned as a party, only its activities,” he said. If it wants to return, it must file a writ petition in the High Court. He added that the court could examine whether the restrictions are legally justified and consistent with constitutional provisions.

The ban has sparked debate among legal experts, particularly over its compatibility with Article 38 of the Constitution, which guarantees freedom of association.Human rights lawyer Manzil Morshed said such restrictions may not withstand judicial scrutiny unless clearly justified. Citizens have a fundamental right to organise. If this law is challenged, the court will assess whether that right has been unlawfully curtailed, he said.

He argued that only organisations engaged in activities threatening state security or public order can be legally banned, and any broader restriction could be struck down.

The amendment empowers the government to declare any individual or organisation involved in terrorist activities as banned, either by listing them in an official schedule or by prohibiting all activities. It also restricts any form of communication or mobilisation in support of such entities, including through media and social platforms.

The ordinance was originally issued in May 2025 under presidential powers when Parliament was not in session and has now been enacted into law without changes. Analysts say the issue now shifts from the political arena to the judiciary.

With the law in force, the Awami League’s ability to operate depends largely on whether it chooses to challenge the ban – and how the courts interpret constitutional safeguards against state restrictions. For now, the High Court stands as the final avenue for the party to seek restoration of its political activities.

 

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