Jamaat’s registration: Appellate Division accepts petition to restore appeal

The Appellate Division of the Supreme Court has granted a petition to restore the appeal made against the verdict that declared the registration of Bangladesh Jamaat-e-Islami illegal.

The Appellate Division, led by Chief Justice Dr Syed Refaat Ahmed and consisting of four judges, issued this order on Tuesday.

Barrister Ehsan Abdullah Siddique and Advocate Mohammad Shishir Monir represented Jamaat in the court.

As a result of today's order, the appeal against the verdict that declared Jamaat-e-Islami's registration illegal will again be heard in the highest court.

After the order, lawyer Shishir Monir told journalists, “The Appellate Division had earlier dismissed the appeal during the hearing regarding the cancellation of Jamaat's registration because no lawyer was present on behalf of the party.

“However, as constitutional questions were involved in the case, the High Court had referred it directly to the Appellate Division. The petition was made to restore the appeal as its dismissal without a hearing was deemed inappropriate. Along with this, there was also a petition for delayed forgiveness. The Appellate Division granted our petition. Now, the appeal regarding the cancellation of Jamaat's registration will be heard again.”

After resolving a writ petition, the High Court issued a verdict on August 1, 2013, cancelling and declaring the registration of Jamaat-e-Islami illegal. Subsequently, on December 7, 2018, the Election Commission (EC) issued a notification cancelling the registration of Bangladesh Jamaat-e-Islami.

Later, Jamaat appealed against the High Court's verdict. However, since Jamaat's main lawyer was absent during the appeal hearing against the High Court's verdict, the Appellate Division, led by the then-Chief Justice Obaidul Hassan, issued a dismissal order on November 19 last year.

Consequently, the High Court's verdict declaring the registration of Bangladesh Jamaat-e-Islami illegal remained upheld. Nevertheless, the appeal that had been dismissed was restored for hearing after the fall of the Awami League government.

On September 2, the chamber court set the petition for hearing in the full bench of the Appellate Division on October 21. However, on October 22, the matter came up in the hearing schedule of the Division.

Meanwhile, during the ongoing anti-discrimination movement, on August 1, the then Awami League government declared a ban on Jamaat-e-Islami and Islami Chhatra Shibir. The Ministry of Home Affairs issued a notification banning Jamaat, Chhatra Shibir, and their other affiliated organisations under section 18(1) of the Anti-Terrorism Act. However, on August 28, the decision to ban Jamaat and Shibir was revoked through a notification.