SC upholds HC verdict cancelling Jamaat’s registration as political party

The Appellate Division of the Supreme Court has dismissed a leave-to-appeal filed by Jamaat-e-Islami challenging a High Court verdict, which declared the party's registration with the Election Commission as illegal.

A full bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the order yesterday, upholding the High Court's order to cancel Jamaat's registration.

In his initial response to the court's order, Jamaat Nayeb-e-Ameer Syeed Abdullah Muhammad Taher told The Business Standard, "The Awami League used the court to keep Jamaat away from participating in elections, fearing its popularity."

He said, "Currently, Jamaat holds a higher level of public support compared to the Awami League. We firmly believe the verdict was unlawfully influenced by a purely political agenda.

"Jamaat will deal with this issue politically."

Following the judgement, Jamaat's lawyer Ziaur Rahman told reporters, "Our senior lawyer AJ Muhammad Ali had some personal issues while Advocate on Record Zainul Abedin was also absent.

"Earlier, I requested a six-week extension due to this personal crisis. Meanwhile, the other side applied for holding a hearing on the contempt of court application, along with the plea challenging the High Court verdict.

"Since our lawyers were not present today, the court dismissed the appeal filed by Jamaat-e-Islami challenging a High Court verdict for default. In other words, the appeal was dismissed due to non-attendance."

Jamaat has been holding political demonstrations even after the High Court decided to cancel the party's registration.

Lawyer Ziaur Rahman said, "The Appellate Division has said the contempt of court plea was directed towards the High Court order, not the Appellate Division. Therefore, the application should be presented in the High Court Division.

"Since the appeal has been dismissed, there is no need to apply for an injunction."

Regarding the future legal prospect of the leave to appeal, lawyer Ziaur Rahman explained that there is an opportunity to apply for rehearing the application. In that case, it is the jurisdiction of the court.

In August 2013, the High Court declared Jamaat's registration illegal following a writ petition filed in 2009 by Bangladesh Tariqat Federation's Secretary General Rezaul Haque Chandpuri and 24 others.

In the petition, they said Jamaat was a religion-based political party and it did not believe in the independence and sovereignty of Bangladesh.

The lawyer for the petitioners, Barrister Tania Amir, yesterday said, "Jamaat has no existence anymore as its appeal against the cancellation of its registration has been dismissed. Therefore, Jamaat will not be able to conduct any political activities from today. It will not be able to hold any rallies or meetings.

"If Jamaat conducts any political activities, we will go to the Appellate Division with a contempt of court petition."