Dhaka: The Appellate Division has set November 19 as the date for hearing the appeal against the decision of the High Court Division to invalidate the registration of Jamaat-e-Islami.
On Sunday (November 12), the appellate bench headed by Chief Justice Obaidul Hasan passed the order.
On the same day, the court also set aside the contempt plea for the ban on Jamaat-e-Islami’s political activities, political meetings, public meetings or processions and demanding the return of its registration after 10 years.
Earlier, Jamaat-e-Islami’s senior lawyer AJ had applied for eight weeks due to personal difficulties of Muhammad Ali.
Senior lawyers 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.
Earlier, the Appellate Division had set November 6 for the hearing of the application seeking a ban on Jamaat-e-Islami’s political activities, political meetings, public meetings or processions until the appeal is resolved on October 19. On November 6, the Appellate Division fixed November 12 for hearing the appeal against the registration. In its continuation today it is on the agenda.
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 the ban on Jamaat-e-Islami’s political activities, political meetings, public meetings or processions and the return of its registration after 10 years. A separate petition was filed last month alleging contempt of court.
On June 26, the Appellate Division’s vacation chamber judge Md. 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.
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On June 26, 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 registration through a political program where there is contempt of court. However, according to the High Court’s ruling, their registration is illegal. The Chambers Court accepted both the petitions and referred them to the Full Bench of the Appellate Division for hearing.
Jamaat-e-Islami was granted provisional registration on 4 November 2008. The following year, the then Secretary General of Bangladesh Tariqat Federation, Syed Rezaul Haque Chandpuri, the then Secretary General of Zaker Party, Munsi Abdul Latif, the President of Sammilit Islami Jota, Maulana Ziaul Hasan, filed a writ challenging the validity of the registration of 25 Jamaats. 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 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 the registration of Jamaat, they revised 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.
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-e-Islami to appeal. However, the Appellate Division’s chamber judge AHM Shamsuddin Chowdhury dismissed 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 on Tuesday, January 31 this year.
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.
Bangladesh Time: 1506 hours, November 12, 2023