United News of Bangladesh

The Appellate Division on Sunday directed the Election Commission (EC) to restore Jamaat-e-Islami’s registration, overturning a previous High Court (HC) verdict that had declared the party’s registration illegal. A four-member bench of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, passed the order. In its observation, the court noted that it would be up to the EC to decide whether Jamaat can contest elections using the ‘Scale’ symbol. The verdict came days after Jamaat’s senior leader, ATM Azharul Islam, previously sentenced to death for crimes against humanity committed during the 1971 Liberation War, was released following a Supreme Court judgment. Jamaat’s counsel, Mohammad Shishir Manir, expressed satisfaction with the verdict, saying, “Today concludes a decade-long legal battle. We hope this ruling paves the way for a vibrant parliament and that voters will now be free to vote for the Jamaat candidate of their choice.” He also expressed the hope that the EC would promptly resolve the party's registration and symbol-related issues. According to legal experts, this ruling removes all existing legal barriers that had prevented the party from participating in national elections. On August 1, 2013, the High Court had declared Jamaat’s registration illegal and void, following the disposal of a writ petition. The EC subsequently issued a gazette notification on 7 December 2018, formally cancelling the party’s registration. Jamaat later filed an appeal against the HC verdict. However, in November 2023, the Appellate Division—then led by Chief Justice Obaidul Hassan—dismissed the appeal by default as the party’s lead counsel failed to appear. Consequently, the HC’s verdict remained in effect. The Appellate Division revived Jamaat’s appeal on 22 October 2023. The hearing formally began on 12 March this year and, after several deferrals, concluded on 14 May. The court then fixed 13 May for the verdict, which was delivered today.

Law Minister Anisul Huq on Thursday said Jamaat-e-Islami’s registration as a political party is sub judice and he will wait to see how the Election Commission handles their appeal for registration under a different name. “Will make a comment in this regard after EC’s step,” he said replying to a reporter’s question after a training programme organised for the sub registrars at Judicial Administration Training Institute in the city. His remarks came amid reports that all leaders of newly launched Bangladesh Democratic Party (BDP) that sought EC’s registration belong to Jamaat and its student front Shibir. BDP filed for registration on Wednesday. In 2013, the High Court declared the registration of Jamaat-e-Islami with the EC illegal effectively banning it from taking part in general elections. In 2018, the EC formally deregistered the Islamic fundamentalist party as it failed to fulfill its prerequisites. However, Jamaat is still operating as a legal political party amid calls from the secular forces to ban it for its role in the genocide during the Liberation War it vehemently opposed.   Responding to another question on Jamaat leaders’ trial for war crimes the law minister said the AL government is determined to bring the war criminals of 1971 under justice, which is a proven fact. Also read: Jamaat-e-Islami can get registered if conditions are met, says commissioner Alamgir In reply to another question on the trial of Jamaat for its role against the Liberation War, Huq reiterated that it requires some changes in the law and it’s under process. “I have mentioned earlier we need some changes in law to proceed with the trial against Jamaat-e-Islami leaders and we have already sent the amendment to the Cabinet Division. Very soon we will pass a law in this regard and begin the trial,” he added. Government will take immediate steps to begin the trial if it finds necessary, he added. On Wednesday, Election Commissioner Md Alamgir said that Bangladesh Jamaat-e Islami can get registration under a different name if they fulfill all the conditions. The deadline for new political parties to apply for registration expires on October 30.