The hearing in the case related to illegal registration of Jamaat was held on November 19
Dhaka, November 12, 2023 (BSS): The Appellate Division of the Supreme Court has postponed the date of hearing of the petition brought against the judgment of the High Court declaring the registration of Jamaat-e-Islami as a political party illegal.
At the same time, the hearing of the petition seeking a ban on the party’s political program will also be held on the same day, pending the final disposal of the contempt of court petition against the Jamaat leaders and the registration case.
The Appellate Division Bench headed by Chief Justice Obaidul Hasan passed the order on this day. Today, the agenda for the hearing of the case was number 9.
Senior lawyers barrister Tania Amir and Ahsanul Karim were in favor of the application in the court. Advocate Md. was on behalf of Jamaat-e-Islami. Ziaur Rahman.
Maulana Syed Rezaul Haque Chandpuri, who petitioned the High Court against the Jamaat, and three others, including the High Court Division’s decision to invalidate the registration, demanded a ban on the party’s political activities, political meetings, public meetings or processions and the return of the registration after 10 years of holding political programs until the leave to appeal is resolved. The court filed a separate petition alleging contempt of court.
On June 26, the Chamber Court Justice Md. of the Appellate Division. Abu Zafar Siddiqui ordered the petitions to be sent to the regular bench of the Appellate Division for hearing. Out of this, 42 more have applied to be a party. Who are the family members of martyred freedom fighters, freedom fighters, writers, educationists and prominent people.
Lawyer Tanya Amir said, we have filed two applications. One is that after 10 years Jamaat-e-Islami has carried out its program even after the High Court verdict remained in force. Another contempt of court. Because they have demanded the return of the registration through a political program where there is contempt of court. However, according to the High Court’s ruling, their registration is illegal. The Chamber Court accepted both the petitions and referred them to the Full Bench of the Appellate Division for hearing.
Jamaat-e-Islami was given temporary registration on November 4, 2008. The following year, Bangladesh Tariqat Federation’s then Secretary General Syed Rezaul Haque Chandpuri, Zaker Party’s then Secretary General Munsi Abdul Latif, Sammilit Islami Jota President Maulana Ziaul Hasan, and 25 others filed a writ challenging the validity of the Jamaat’s registration. Jamaat’s then Amir Matiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujahid and Election Commission were made defendants (respondents) in the writ. They requested to cancel the registration of Jamaat.
Justice ABM Khairul Haque (later Chief Justice) and Justice Md. Abdul Hai’s High Court Division Bench issued the ruling on January 27, 2009. Defendants are asked to respond to the ruling within six weeks. The ruling sought to know why the registration of Bangladesh Jamaat-e-Islami was outside legal authority and not to be declared violative of Articles 90 (b) (1) (b) (2) and 90 (c) of the Representation of the People Order.
After issuing the rule on registration of Jamaat, they amended their constitution once in December of that year, 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 ‘Jamaate-e-Islami, Bangladesh’ to ‘Bangladesh Jamaate-e-Islami’.
Later on February 18, 2013, the petitioners applied to the Chief Justice to constitute a bench to hear the ruling. In view of this application, the application was sent for hearing to the dual bench led by Justice M Moazzam Hossain on March 5 of that year. On March 10, the double bench ordered that the petition be sent to the Chief Justice, citing the need for a larger bench hearing as constitutional and legal questions were involved. On that day, the Chief Justice constituted a larger bench consisting of three judges.
Justice M. Moazzam Hossain, Justice M. A larger bench of the High Court comprising Inaytur Rahim and Justice Qazi Reza-ul-Haq.
In the judgment, the court said that this registration is outside the legal authority. At the same time, the court allowed Jamaat-e-Islami to appeal. However, on August 5 of the same year, the Appellate Division’s Chamber Court dismissed Jamaat’s application for a stay of the verdict. Later, when the full verdict was published on November 2 of the same year, Jamaat-e-Islami appealed. The petitioner took the initiative to hear the appeal. Accordingly, the appeal came up on Tuesday, January 31 this year.
Then on January 31, a three-judge appellate bench led by the then Chief Justice Hasan Faiz Siddiqui gave the two parties two months to prepare a summary of the appeal against the High Court ruling that the registration of Bangladesh Jamaat-e-Islami was invalid.