20/11/2023
The Appellate Division of the Supreme Court on Sunday dismissed the leave-to-appeal filed by Jamaat-e-Islami, challenging a High Court Division verdict that cancelled its registration with the Election Commission (EC) earlier.
A five-member bench led by Chief Justice Obaidul Hassan passed the dismissal order due to frequent absence of the party’s lawyers, including Advocate AJ Mohammad Ali, during the scheduled dates of hearing. Though lawyer Ziaur Rahman, a representative of lawyer AJ Ali, on Sunday sought time for hearing, the Appellate Division dismissed it.
Advocate Tania Amir, who represented the writ petitioner, said the HC verdict that scrapped Jamaat-e-Islami’s registration with the EC will remain in force following the dismissal order.
However, the apex court did not pass any order on the contempt of court petition against the Jamaat leaders and the petition seeking ban on the party’s political programme. According to the court, as the appeal was dismissed there is no need to apply for injunction.
Advocate Tania Amir said, “If they [Jamaat] organise any procession, meeting, assembly or introduce themselves as a legitimate political party to various embassies, foreign organisations or any states, then we will bring fresh contempt [charges], and injunctions [applications] for disobeying the Appellate Division’s order.”
She further said, “They have been wasting time for 12 years. They would not do it if they had any logic in favour of their case. They know their case has no merit. So they have repeatedly delayed. Now the Appellate Division has dismissed them for default.”
Jamaat-appointed lawyer AJ Mohammad Ali had earlier sought six weeks’ time from the SC for hearing the appeal due to his personal problems, but the Appellate Division rejected the time petition.
Later on 12 November, the SC fixed 19 November for hearing the petition seeking ban of Jamaat’s political activities.
Earlier on 6 November, the Appellate Division fixed 12 November for hearing the petition filed by Jamaat-e-Islami challenging the HC order.
On 26 June, lawyer Tania Amir filed a petition on behalf of Bangladesh Tariqat Federation’s Secretary General Rezaul Haque Chandpuri, seeking ban on the political activities including rallies, processions of the party until the deposition of the case filed over revoking the registration of Bangladesh Jamaat-e-Islami as a political party.
Jamaat-e-Islami was granted provisional registration on 4 November 2008. The following year, 25 people including Bangladesh Tariqat Federation’s the then Secretary General Syed Rezaul Haque Chandpuri, Zaker Party’s the then secretary general Munsi Abdul Latif, Sammilita Islami Jote President Maulana Ziaul Hasan, filed a writ challenging the validity of the Jamaat’s registration.
Jamaat’s the then Amir Matiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujahid, Election Commission, among others, were made defendants in the writ. The petitioner requested to cancel the registration of Jamaat.
On 27 January 2009, the High Court bench of Justice ABM Khairul Haque (later Chief Justice) and Justice Md Abdul Hai issued a ruling on the preliminary hearing of the writ petition, asking to respond the defendant within six weeks. The ruling asked why the registration of Jamaat-e-Islami Bangladesh should not be declared illegal.
After issuance of the rule on the registration of Jamaat, the party revised their constitution once in December 2009, twice in July and November of 2010 and twice in October and November of 2012 and submitted it to the Election Commission. In these amendments, the name of the party was changed from “Jamaat-e-Islami, Bangladesh” to “Bangladesh Jamaat-e-Islami”.
In August 2013, the HC declared Jamaat’s registration illegal.
Jamaat appealed against the judgment when the full text of the HC verdict was released on 2 November 2013.
Jamaat-e-Islami was founded on 26 August 1941 under the leadership of Abul Ala Maududi, a controversial religious politician of the subcontinent. Its name was Jamaat-e-Islami Hind at that time.
After Pakistan’s independence, Jamaat was banned in 1964 for opposing Muslim Family Act, but the ban was later lifted.
When the Liberation Movement of Bangladesh was at its final stage, the Jamaat opposed various demands including the 11-point demand of the freedom seekers. During the Liberation War, Jamaat and its then student organisation Islami Chhatra Sangha formed various groups named Razakar, Albadar, Alshams to support the Pakistani invaders.
They committed war crimes like mass murder, r**e, and looting across the country. The issues have come up in six judgments announced so far by the International Crimes Tribunal.
The International Crimes Tribunal sentenced Jamaat-e-Islami’s former amir Ghulam Azam to 90 years in jail or life imprisonment for conspiring, planning, inciting crimes against humanity, and aiding and abetting murders.
Terming Jamaat-e-Islami a “criminal party” for its role in the 1971, the judgment said people who opposed Bangladesh’s Liberation War should not be in the top positions of any organisation in the country.
After 1971, religion-based politics was banned in independent Bangladesh, so Jamaat also came under the ban.
After Bangabandhu’s family was assassination, Ziaur Rahman’s government allowed Jamaat to return to politics. On that occasion, Ghulam Azam returned to the country in 1979 and assumed the position of the amir of the party.
Jamaat won 18 seats in the 1991 national elections after the fall of the military dictator Hussain Muhammad Ershad, and supported the BNP in forming the government. After that, in the 1996 elections, Jamaat won only three seats, but in the 2001 elections it got 17 seats. The top two leaders of the Jamaat also got a place in the cabinet of the four-party coalition government.
Finally, Jamaat won two seats in the 2008 national elections.
