Application for time in hearing appeal against cancellation of registration of Jamaat

An application has been made to the Appellate Division seeking 8 weeks more time to hear the appeal (Leave to Appeal) made against the judgment of the High Court declaring the registration of Bangladesh Jamaat-e-Islami as a political party illegal. On Sunday (November 12), the Appellate Division headed by Chief Justice Obaidul Hasan has submitted this application.

Senior advocate AJ Muhammad Ali sought this time citing personal reasons in the court. Advocate Ziaur Rahman applied on his behalf. On the other hand, senior advocate Tanya Ameer Ahsanul Karim was for the writ petitioners.

47 supporters of Jamaat, including former members of parliament, freedom fighters, filed an appeal against the High Court’s ruling that the Election Commission’s registration of Bangladesh Jamaat-e-Islami as a party was illegal on August 1. Advocate on record Zainal Abedin applied on their behalf in the concerned branch of the Appellate Division.

Later, Advocate Matiur Rahman Akand, a member of Jamaat’s legal panel, told reporters that 47 prominent citizens have applied to present their statements in the appeal department regarding the registration of Jamaat.

Jamaat’s former member of parliament among the applicants. Syed Abdullah Md. Taher, Hamidur Rahman Azad, Hafeza Asma Khatun, former VC of Manarat University. M. Umar Ali, professor of Dhaka University. There are Abdur Rab and three brave freedom fighters.

On the other hand, 42 eminent citizens want to be party to the application seeking ban on Jamaat-e-Islami’s political activities, political meetings, public meetings or processions until the leave-to-appeal against the invalidation of the registration by the High Court Division is resolved. They are family members of martyred freedom fighters, freedom fighters, writers, academics and eminent persons. This information was confirmed by the lawyer of the case, Barrister Tanya Amir.

Maulana Syed Rezaul Haque Chandpuri, who petitioned the High Court against the Jamaat, and three people, including the High Court Division’s decision to invalidate the registration, demanded a ban on Jamaat-e-Islami’s political activities, political meetings, public meetings or processions and the return of the registration after 10 years. Karaya filed a separate petition last month alleging contempt of court.

The Chamber Court of the Appellate Division fixed the date for hearing such application in the regular bench of the Appellate Division. On June 26, the Appellate Division’s vacation chamber judge Md. Abu Jafar Siddiqui gave this order.

These 42 prominent citizens are martyred freedom fighters Dr. Alim Chowdhury’s wife Shyamli Nasreen Chowdhury, Captain (retired) Shahab Uddin Ahmed Bir Uttam, Shahid Bir freedom fighter. Azharul Haque’s wife Syeda Salma Haque, Shahriar Kabir, Ramendu Majumdar, Mamunur Rashid, Shaon Mahmud daughter of martyred freedom fighter Altaf Mahmud, Zafar Iqbal son of martyred freedom fighter Faizur Rahman Ahmed, Muntasir Uddin Khan Mamun, freedom fighter Syed Abul Barak Alvi, Meghna Guha Thakurta, brave freedom fighter Nasir Uddin Yusuf, Mumtaz Jahan, Professor Mejbah Uddin Ahmed (Mezbah Kamal), hero symbol Captain Kazi Abdus Sattar, Professor Mahfuza Khanam, Rokeya Kabir, Not Kishore Aditya son of martyr Pari Mohan Aditya, Asif Munir son of Shahid Munir Chowdhury, Shaheed Mofazzal Haider Chowdhury’s son Tanvir Shobhan Haider Chowdhury, Abed Khan, former state minister Tarana Halim, Mujtaba Ahmed Morshed, Mamun Al Mahtab (Swapnil), Professor Dr. Amjad Hossain, martyred freedom fighter. Alim Chowdhury, Khushi Kabir, Nisar Hossain, Ahmed Shamsuddoha, Mohammad Rafiqun Nabi, Abdul Mannan, Md. Moniruzzaman, Sheikh Afzal Hossain, Farida Zaman, Birendra Kumar Som, Abul Hashem Khan, ABM Shamshul Huda, Shamim Akhtar, Tanveer Mokammel, Harun Habib, Dr. Sarwar Ali and Syed Anwar Hossain.

On June 26, lawyer Tanya Amir said, ‘We have filed two applications. One is that after 10 years, the Jamaat has carried out the program even after the High Court verdict remained in force. Another contempt of court. Because they have demanded the return of registration through political programs where there is contempt of court. However, according to the High Court’s ruling, their registration is illegal. The Chamber Court accepted the two petitions and sent them to the full bench of the Appellate Division for hearing on July 31.

Defendant in contempt of court application, Jamaat Amir Dr. Shafiqur Rahman, Secretary General Dr. Golam Parwar, Naibe Amir Dr. Abdullah Mohammad Taher, Amir Nurul Islam Bulbul of Dhaka Metropolis South Jamaat, Deputy Amir Advocate Helal Uddin, Senior Secretary of Public Security Department of Home Ministry. Mostafizur Rahman, Inspector General of Police Chowdhury Abdullah Al Mamun and Dhaka Metropolitan Police Commissioner Khondkar Golam Farooq.

Incidentally, Jamaat was given temporary registration on November 4, 2008. The following year, 25 people including then Secretary General of Bangladesh Tariqat Federation Syed Rezaul Haque Chandpuri, then Secretary General of Zaker Party Munsi Abdul Latif, President of Sammilit Islami Jot Maulana Ziaul Hasan filed a writ challenging the validity of Jamaat’s registration. Jamaat’s then Amir Matiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujahid, Election Commission and four people were made defendants 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 bench issued the ruling on January 27, 2009. Defendants are asked to respond to the ruling within six weeks. The rule sought to know why the registration of Bangladesh Jamaat-e-Islami was outside legal authority and not to be declared violative of Article 90 (b) (1) (b) (2) and 90 (c) of the Representation of the People Order.

After promulgation of the rule on registration of Jamaat, once in December of that year, twice in July and November of 2010 and twice in October and November of 2012, they amended their constitution 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.

On June 12, 2013, the larger bench of the High Court kept waiting (CAV) saying that it would give a verdict any day after the hearing of that rule. Later, the Election Commission (EC) registration given to the Jamaat was invalidated on August 1, 2013 by a larger bench of the High Court comprising Justice M Moazzam Hossain, Justice M Inayetur Rahim and Justice Kazi Reza-ul-Haq.

At that time, the court said in a short judgment that the registration was outside the legal authority. At the same time, the court allowed Jamaat to appeal. However, the Appellate Division’s chamber judge AHM Shamsuddin Chowdhury dismissed the Jamaat’s application seeking a stay order on August 5 of the same year. 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 for hearing on Tuesday, January 31.

Then on January 31, a three-judge appellate bench headed by the then Chief Justice Hasan Faiz Siddiqui finally gave two months to prepare summary of the appeal against the High Court’s verdict that the registration given to Bangladesh Jamaat-e-Islami was illegal. As a result, Bangladesh Jamaat-e-Islami filed a summary of appeal against the High Court’s verdict in the Appellate Division.