The Appellate Division of the Supreme Court on Sunday rejected an appeal of the Bangladesh Jamaat-e-Islami filed in 2013 against a High Court verdict that declared the party鈥檚 registration with the Election Commission as a political party 鈥榰nconstitutional鈥�.
A five-judge bench, chaired by chief justice Obaidul Hassan, passed the order in three words,聽 鈥榙ismissed for default鈥� as no lawyer on behalf of the appellant was present in the court for the hearing, while also rejecting a Jamaat application for an adjournment of the hearing in the appeal for six more weeks.
Lawyer Ziaur Rahman, on behalf of former attorney general AJ Mohammad Ali, who was engaged by the Jamaat in the case, sought the time, stating that Mohammad Ali failed to appear before the court due to a general strike.
The High Court pronounced the verdict on August 3, 2013 after hearing a writ petition filed by Bangladesh Tariqat Federation secretary general Syed Rezaul Haque Chandpuri and 24 leaders of the federation, Zaker Party and Islami Oikya Jote.
Tariqat, an ally of the ruling Awami League, filed the writ on January 25, 2009, challenging the legality of the Jamaat registration with the Election Commission.
Bangladesh Jamaat-e-Islami was awarded the EC registration on November 4, 2008.
On October 28, 2018, the Election Commission issued a notification cancelling Jamaat鈥檚 registration, referring to the High Court order.
The Appellate Division, however, did not pass any order on the Tariqat Federation鈥檚 another application filed in June 2023, seeking a contempt of court ruling against the Jamaat and top police officers for allowing the Jamaat to hold political activities, including meetings, rallies and processions identifying itself as a legitimate political party, saying that their activities violate the High Court verdict.
Tariqat鈥檚 lawyer Tania Amir moved the contempt petition for hearing.
Tania later told reporters that Jamaat would cease to exist as a political party as the Appellate Division upheld the High Court decision, declaring Jamaat鈥檚 EC registration illegal.
鈥楢s the case involves the matter of the Jamaat鈥檚 registration with the Election Commission, there will be no bar for the party to hold rallies and other political activities, according to the country鈥檚 constitution,鈥� Bangladesh Jamaat-e-Islami central executive committee member and party鈥檚 media and publicity secretary Matiur Rahman Akanda told reporters at a briefing on the court premises.
The High Court in its verdict observed that the EC decision to register Jamaat as a political party was illegal as its constitution contradicted Article 90(c) of the Representation of the People Order 1972, and certain articles of the 鈥楥onstitution of the Republic鈥�, including its preamble, and the 鈥楶roclamation of Independence鈥� by the Bangladesh government in exile at Mujibnagar on April 17, 1971.
The verdict said that the Jamaat had no eligibility to be registered as a political party as it did not fulfil the requirements stipulated in 90(c) of the 1972 order.
Article 90(c)(1)(b), as amended in 2008, stipulates that a political party will not be qualified for registration if its constitution is in any way discriminatory on the grounds of religion or gender, the court added.
It said that a political party cannot qualify for registration, if its name and nomenclature, flag, symbol or any activities threaten to destroy communal harmony in the society in an attempt to divide the nation and to distort its constitutional and religious values.
After the emergence of Bangladesh in 1971, Jamaat-e-Islami was banned for its activities during the war of independence.
After the bloody changeover in 1975, Jamaat and some other Islami parties began functioning under the banner of the Islamic Democratic League in 1976 and contested the general elections of 1979 in which six Jamaat nominees became members of parliament.
Jamaat revived as a political party on May 25, 1979 and secured 10 seats in the parliamentary elections in 1986 polling 4.61 per cent votes.
In the 1991 general elections, Jamaat vied for 35 constituencies and won 18 constituencies polling 12.13 per cent votes.
The party supported the Bangladesh Nationalist Party in forming the government, and thereby secured two out of 30 seats reserved for women in the parliament.
When the opposition waged a movement for caretaker government, the Awami League enlisted support of the Jamaat-e-Islami in the campaign but Jamaat won only three seats in the parliamentary elections held on June 12, 1996 with 8.61 per cent votes.
Jamaat afterwards formed an alliance with the BNP and secured 17 seats in the October 1, 2001 elections with 4.29 per cent votes. As a partner of the alliance, two Jamaat leaders were inducted in Khaleda Zia鈥檚 cabinet.
In the December 29, 2008 elections, Jamaat won only two seats in the parliament.