The Appellate Division of the Supreme Court on Sunday set aside a High Court verdict that a decade ago declared Bangladesh Jamaat-e-Islami's registration with the Election Commission as a political party as illegal.
The apex court also directed the Election Commission to dispose of any pending issue regarding the party constitution and registration of Jamaat together with other attendant issues and aspects, if any, by fully exercising its constitutional mandate.
A four-member bench of the Appellate Division headed by Dr Chief Justice Syed Refaat Ahmed delivered the verdict unanimously after granting an appeal filed by Jamaat challenging the High Court judgement.
Lawyer Mohammad Shishir Manir who appeared in the court proceedings representing Jamaat said that Jamaat's registration with the EC as a political party has been reinstated following the SC judgement.
The lawyer further said, "The apex court has asked the EC to promptly dispose of the pending registration of Jamaat, as well as other attendant issues and aspects. Here 'attendant issues' are meant for allotment of election symbol."
Earlier on May 14 this year, the Appellate Division concluded the hearing on the appeal filed by Jamaat and set June 1 for delivering its verdict on the party's registration and election symbol "daripalla (scales)". Following a writ petition, the HC on August 1, 2013 declared illegal Jamaat's registration with the EC. The commission that same year suspended the registration of the political party.
In the verdict, two judges of the three-member HC bench declared the registration illegal. However, the other judge disagreed with the decision of his two colleagues. Jamaat then filed the appeal petitions with the apex court challenging the HC verdict.
The apex court on November 19 in 2023 rejected the appeal petition filed by Jamaat as its lawyers did not appear in the court for hearing.
After political changeover on August 5 last year Jamaat appealed to the apex court to reinstate the appeal, and the court granted the petition.
The EC scrapped the registration of Jamaat-e-Islami in October 2018, making it clear that the party will not be able to contest any election using its name or banner. During the proceedings, Jamaat's counsel Ehsan Abdullah Siddiq argued that the High Court's decision declaring Jamaat's registration illegal was premature and arbitrary, as Jamaat's application for registration was still under review by the EC at that time.
In a separate plea, Jamaat also sought the restoration of 'daripalla' as its electoral symbol.
The Election Commission had revoked the allocation following a directive from the Supreme Court, which, on December 14, 2016, forwarded a full court meeting decision instructing the EC not to allocate 'daripalla' to any political party.
Jamaat on May 12 this year submitted a petition with the Appellate Division regarding allotment of its election symbol 'daripalla'. However, on May 14 the party submitted another petition seeking withdrawal of its earlier petition and necessary observations upon EC over allotting 'daripalla' as election symbol. The Appellate Division said withdrawal petition has been granted without any observations.
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