| The Appellate Division has overturned a High Court verdict that declared the registration of Bangladesh Jamaat-e-Islami as a political party illegal.
On Sunday, June 1, a seven-member full bench of the Appellate Division, led by Chief Justice Syed Refat Ahmed, delivered the verdict, accepting the party`s appeal.
Consequently, the registration granted to Jamaat by the Election Commission will now be considered valid, according to the party`s lawyers.
Previously, on May 14, the country`s highest court set June 1 for the verdict after concluding the appeal hearing in the case.
During the hearing, senior lawyer Ehsan A. Siddique and lawyer Mohammad Shishir Monir represented Jamaat, while lawyer Touhidul Islam represented the Election Commission.
Background of the Case
Jamaat-e-Islami was granted temporary registration on November 4, 2008. The following year, 25 individuals, including Syed Rezaul Haque Chandpuri, then Secretary General of Bangladesh Tarikat Federation; Munshi Abdul Latif, then Secretary General of Zaker Party; and Maulana Ziaul Hasan, President of Combined Islamic Alliance, filed a writ petition challenging the legality of Jamaat`s registration.
The writ named then-Jamaat Amir Motiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mojaheed, and the Election Commission, among others, as respondents, seeking the cancellation of Jamaat`s registration.
High Court Verdict and Subsequent Appeals
After an initial hearing of the writ petition, a High Court bench comprising Justice A.B.M. Khairul Haque (later Chief Justice) and Justice Md. Abdul Hai (now retired) issued a rule on January 27, 2009. Following the rule on registration, Jamaat submitted amendments to its constitution to the Election Commission multiple times: once in December of that year, twice in July and November 2010, and twice again in October and November 2012. These amendments included changing the party`s name from `Jamaat-e-Islami, Bangladesh` to `Bangladesh Jamaat-e-Islami`.
The hearing on the rule concluded on June 12, 2013. On August 1 of the same year, a larger High Court bench comprising Justice M. Moazzam Hossain (now retired), Justice M. Enayetur Rahim (later resigned from the Appellate Division), and Justice Quazi Reza-Ul-Haque (resigned on November 19) ruled by majority opinion that the Election Commission`s registration of Jamaat was illegal.
In a brief verdict at the time, the court stated that the registration was beyond legal authority. The court also granted Jamaat permission to appeal.
However, Jamaat`s application for a stay on this verdict was dismissed by the Appellate Division`s Chamber Judge A.H.M. Shamsuddin Chowdhury on August 5 of the same year. The full verdict was published on November 2 of that year, after which Jamaat-e-Islami filed an appeal. On November 19, 2023, the Appellate Division dismissed Jamaat`s appeal.
Recent Developments
After the Awami League government came to power for a fourth consecutive term in January 2024, students started a movement against the quota system in July of last year. This student-public movement demanded the government`s resignation, citing allegations of genocide. Amidst this, the government declared Jamaat-e-Islami, including its affiliated organizations, banned on August 1.
Following the fall of the Awami League government due to the student-public movement on August 5, Jamaat-e-Islami initiated steps to revoke the ban against it.
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