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SC dismisses Jamaat's appeal

Jamaat's reg with EC will remain illegal

FE REPORT | November 20, 2023 00:00:00


The Appellate Division of the Supreme Court on Sunday dismissed an appeal petition filed against a High Court verdict that declared Jamaat's registration as a political party with the Election Commission (EC) illegal.

A five-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the order after rejecting a time prayer placed on behalf of Bangladesh Jamaat-e-Islami.

Since AJ Mohammad Ali, principal counsel for Jamaat's appeal hearing could not appear in court owing to personal difficulties, lawyer Md Ziaur Rahman, on behalf of Mohammad Ali placed a petition seeking six weeks. He told the court a petition had been placed for the adjournment of the hearing.

Addressing lawyer Md Ziaur Rahman the Chief Justice said, "Petition (time) has been refused. You place an appeal petition."

In one stage, the apex court asked the lawyer, "Where is the Advocate on Record of the appellant?" The lawyer replied that he (Advocate on Record) was also not present.

Then the court said, "Dismissed for default."

Rezaul Haque Chandpuri, Secretary General of the Bangladesh Tariqat Federation, along with 24 others, filed a writ petition with the HC on January 25, 2009, seeking its order declaring Jamaat's registration illegal.

Following the writ petition, the HC on August 1, 2013, declared Jamaat's registration with the EC illegal. Jamaat then filed the appeal petitions with the apex court challenging the HC verdict.

The EC canceled the registration of Jamaat-e-Islami in October 2018 and made it clear that the party would not be able to contest any election using its name or banner.

Barrister Tania Amir who appeared in the court hearing on behalf of the writ petitioners said the HC verdict that cancelled Jamaat-e-Islami's registration with the EC will remain in force.

Lawyer Matiur Rahman Akanda, one of the counsels for the Jamaat-e-Islami said they would take further legal action regarding the issue after consulting with their client (authorities of Jamaat).

He further said, "The case was regarding the legality of the registration of Jammat with the EC. The court gave an opinion on it. However, the political activities of Jamaat will continue naturally. There is no scope for banning politics as per the Constitution. Jamaat will get the opportunity to continue with its politics."

Recently, Jamaat got the government's permission to hold a rally. During this time, a demand was raised to return EC registration to Jamaat.

In this context, Rezaul Haque Chandpuri and two others filed two petitions with the Appellate Division on June 26 this year, seeking a ban on Jamaat activities and drawing contempt charges against its leaders.

Lawyer Matiur said the apex court refused two petitions including a contempt of court petition against Jamaat leaders, as it has already dismissed the appeal of Jamaat.

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