SC directs Election Commission to reinstate Jamaat's registration
HC declared Jamaat's registration as political party illegal in 2013
The Appellate Division of the Supreme Court has overturned a High Court ruling that had declared the registration of Bangladesh Jamaat-e-Islami as a political party illegal.
The court has also directed the Election Commission (EC) to reinstate the party's registration.
A four-member bench headed by Chief Justice Syed Refaat Ahmed delivered the verdict this morning (1 June). The court further stated that the EC will decide whether Jamaat can contest elections using its previous symbol, the Daripalla (scale).
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This verdict comes as a significant victory for Jamaat, following the recent acquittal and release of senior leader ATM Azharul Islam, who had been sentenced to death for crimes against humanity during the 1971 Liberation War.
Jamaat's lawyer Mohammad Shishir Manir described the ruling as the conclusion of a decade-long legal battle. "We hope Bangladesh will now have a vibrant parliament and that voters will have the opportunity to choose Jamaat candidates," he said.
The verdict, according to lawyers, removes all legal barriers preventing Jamaat from participating in national elections.
Following the verdict, Jamaat Ameer Shafiqur Rahman issued a statement welcoming the decision and calling it a "return to the rightful place" after years of legal struggle. "By a unanimous verdict of the Appellate Division, Bangladesh Jamaat-e-Islami has regained its registration. Al-hamdulillah," he said.
He noted that Jamaat had participated in national elections with the daripalla symbol, maintaining due process both before and after the enactment of the Political Party Registration Rules in 2008.
"Jamaat-e-Islami had significant representation in all participatory national elections," he added.
The Ameer said the party was registered with the Election Commission on 4 November 2008. However, on 25 January 2009, a writ petition was filed in the High Court seeking to cancel the registration. The High Court issued a divided verdict on 1 August 2013, cancelling the registration, prompting Jamaat to appeal.
"We once again express our gratitude to Almighty Allah," Shafiqur Rahman said. "Today's verdict has ensured justice and created an opportunity for the people to exercise their right to vote. We hope that through this verdict, politics in Bangladesh will take a new direction, Insha'Allah."
The history of Jamaat's registration has been long and complicated.
After the High Court's 2013 ruling, the Election Commission formally cancelled Jamaat's registration through a gazette notification on 7 December 2018. Jamaat later appealed this decision, but in November 2023, the Appellate Division, led by then Chief Justice Obaidul Hassan, dismissed the party's appeal as its lawyer failed to appear for the hearing.
In October 2024, the Appellate Division revived the dismissed appeal, paving the way for Jamaat to argue its case once more. Hearings resumed on 13 May this year and concluded on 14 May, leading to today's final verdict in favour of Jamaat's reinstatement.
The Election Commission is now tasked with resolving the registration issues and deciding whether Jamaat can continue to use the Scale symbol in upcoming elections.
