High Court's order to cancel Jamaat's registration was unprecedented : CJ

Chief Justice Dr Syed Refaat Ahmed has said that this is the first time in history that the registration of a political party (Jamaat-e-Islami Bangladesh) had been canceled through a High Court verdict.

This statement was made on Tuesday by the full appellate division bench consisting of seven members, headed by Chief Justice Dr Syed Refaat Ahmed, during the hearing of Jamaat-e-Islami’s petition to regain its registration.

Barrister Ehsan Abdullah Siddiq is representing Jamaat-e-Islami in court. He is being assisted by Barrister Imran Abdullah Siddiq, Advocate Mohammad Shishir Monir, Barrister Najib Momen, among others. Representing the Election Commission (EC) in the hearing is lawyer Tawhidul Islam.

Jamaat-e-Islami’s Acting Secretary General Maulana ATM Masum, Assistant Secretary General Advocate Ehsanul Mahbub Zobair, and Advocate Moazzem Hossain Helal were present in court.

During the hearing, EC lawyer Tawhidul Islam said that ever since the High Court intervened in the matter of Jamaat's registration, the Election Commission has stepped back. The EC is now waiting for the verdict from the Appellate Division regarding Jamaat's registration.

Regarding Jamaat’s party symbol, the EC lawyer informed the court that following the administrative decision of the Supreme Court’s full court, the EC removed Jamaat’s symbol, the scales. If Jamaat now wants a new symbol, they can apply afresh. Subsequently, the court adjourned the hearing of the case until tomorrow, Wednesday (May 14).

Earlier, by disposing of a writ petition, the High Court on August 1, 2013, declared Jamaat-e-Islami's registration void and illegal. Later, on December 7, 2018, the Election Commission (EC) issued a notification officially canceling the registration of Bangladesh Jamaat-e-Islami. Subsequently, Jamaat-e-Islami appealed against the High Court's verdict.

However, since Jamaat’s lead counsel was not present during the appeal hearing, the then Chief Justice Obaidul Hassan, heading a six-member Appellate Division bench in November 2023, dismissed the appeal as "dismissed for default." As a result, the High Court’s verdict declaring Jamaat-e-Islami’s registration as a political party illegal remained in effect.

Meanwhile, after the fall of the Awami League-led government, Bangladesh Jamaat-e-Islami submitted a petition to revive the appeal in order to regain its canceled registration as a political party. The Appellate Division accepted Jamaat-e-Islami’s request. Lawyer Mohammad Shishir Monir appeared during the hearing of the petition in court.

Later, the lawyer said: “We had applied to restore the appeal that was previously dismissed for default.” On October 22, the Appellate Division of the Supreme Court held a hearing on the application and ordered the restoration of the dismissed appeal concerning Jamaat-e-Islami’s effort to regain its registration as a political party.

As a result, lawyers noted that a new legal path has now opened for Jamaat to regain its registration and the party symbol, scales. This order was issued by an Appellate Bench consisting of four justices led by Chief Justice Dr Syed Refaat Ahmed.