The Supreme Court has thrown out a plea to freeze the High Court’s verdict that declared as illegal and void Jamaat-e-Islami’s registration as a political party.Chamber Court judge Justice AHM Shamsuddin Choudhury passed the order on Monday.
A High Court bench on Aug 1 declared as cancelled Jamaat’s registration on grounds that its charter is incompatible with Bangladesh’s Constitution.
An appeal against the verdict was submitted on that very day to the chamber judge, requesting a stay on the verdict.
Jamaat lawyer M Tajul Islam told reporters after the order, “The plea has been rejected. Now we will file a CA (Civil Appeal). We will probably ask for a stay order there.”
The Chamber Judge went out of convention to hold the hearing, he alleged.
In 2008, during the military-backed caretaker government, the Election Commission made it mandatory for political parties to register with it if they wanted to contest polls. Jamaat, a key ally of the BNP, registered itself along with 37 other parties.
A total of 25 persons, including Bangladesh Tariqat Federation’s Secretary General Syed Rezaul Haque Chandpuri, Jaker Party’s Secretary General Munshi Abdul Latif and Sammilita Islami Jote’s President Ziaul Hasan, moved the court challenging Jamaat’s registration in January 2009.
The petition mainly argued on four points.
First, the Jamaat in principle does not recognise people as the source of all powers and also the undisputed power of the people’s representatives to make laws.
Secondly, the RPO prohibits registration of communal parties, and ‘it is clear from the acts and beliefs of the Jamaat that it is a communal party.
Thirdly, a registered political party cannot in any way discriminate on grounds of religion or gender. But the Jamaat’s charter does not allow any woman or non-Muslim to hold its top post.
On Jan 27, 2009, the High Court issued a ruling asking the EC to explain as to why the party’s registration should not be declared illegal.
The case was later shifted to the bench of Justice Choudury but after partial hearing, the bench’s authority to hear the matter was further altered.
Later it was shifted to a larger bench which finished hearing the plea on Jun 12 this year.
The bench of justices M Moazzam Husain, M Enayetur Rahim, and Quazi Reza-Ul Hoque announced a verdict on Aug 1 to cancel Jamaat’s registration.
Jamaat has called a 48-hour strike from Aug 13 in defiance of the High Court’s verdict. – bdnews24.com
