The Appellate Division of the Supreme Court has dismissed a leave-to-appeal filed by Jamaat-e-Islami challenging a High Court verdict that declared its registration with the Election Commission (EC) as a political party illegal.
A full bench of the Appellate Division headed by Chief Justice Obaidul Hassan issued the order on Sunday upholding the High Court order to cancel the registration of the Jamaat-e-Islami.
In August 2013, the High Court declared Jamaat’s registration illegal following a writ petition filed in 2009 by secretary general of Bangladesh Tariqat Federation Maulana Syed Rezaul Haque Chandpuri and 24 others.
Later, Jamaat filed an appeal challenging the High Court verdict.
Maulana Syed Rezaul Haque Chandpuri and two others submitted a petition on June 26 this year filed an application requesting the SC to issue an injunction on Jamaat-e-Islami barring it from asserting itself as a legitimate political party until disposal of its appeal.
They also filed a contempt of court petition with the Supreme Court against five Jamaat leaders, including its Ameer Dr Shafiqur Rahman, for holding public meetings as a political party despite its appeal awaiting at the apex court for disposal. In this petition, they also brought contempt of court charges against some senior government officials for allowing Jamaat to hold the programmes in Dhaka.
Senior lawyers Barrister Tania Ameer and Ahsanul Karim appeared for Maulana Syed Rezaul Haque Chandpuri and two others during the proceedings on Sunday. However, no lawyer stood in favour of the Jamaat.
The apex court, responding to an application filed by Jamaat’s lawyer Ziaur Rahman, rescheduled its hearing from November 12 to November 19. Due to the ongoing hartal-blockades, this extension was requested for an additional six weeks.
Previously, the Appellate Division had deferred the hearing from November 6 to November 12.
Following the judgment on Sunday, Jamaat’s lawyer Ziaur Rahman said, “Our senior lawyer AJ Muhammad Ali had some personal issues while Advocate on Record Zainul Abedin was also absent. Earlier, I requested a six-week extension due to this personal crisis. Meanwhile, the other side applied for holding a hearing on the contempt of court application, along with the plea challenging the HC verdict.”
“Since our lawyers were not present, the court dismissed the appeal filed by Jamaat-e-Islami challenging a High Court verdict for default. In other words, the appeal was dismissed due to non-attendance,” he added.
Jamaat has been holding political programmes. The Appellate Division on Sunday asked to present the application seeking a ban on the party’s programmes to the High Court.
Lawyer Ziaur Rahman said that the Appellate Division has said that the contempt of court plea was directed towards the HC order and not the Appellate Division. Therefore, the application should be presented in the High Court Division. Since the appeal has been dismissed, there is no need to apply for an injunction, he added.
The writ petition against the Jamaat-e-Islami was filed with the High Court on January 25 in 2009 challenging the constitutionality of Jamaat’s registration with the Election Commission on November 4 in 2008.
In the petition, it was said that Jamaat was a religion-based political party and it did not believe in the independence and sovereignty of Bangladesh.
