SC directs Election Commission to restore Jamaat's registration

Bangladesh’s top court has overturned a High Court verdict, clearing the path for Jamaat-e-Islami to regain its registration as a political party after a decade.

A four-member Appellate Division bench headed by Chief Justice Syed Refaat Ahmed made the decision on Sunday.

The top court said it is now up to the Election Commission, as a constitutional body, to formally restore the registration of Bangladesh’s largest Islamist party and its election symbol.

Now Jamaat, which had its registration scrapped under the Awami League administration, will once again be able to contest elections and take part in the 13th national parliamentary polls.

Jamaat's lawyer Md Shishir Manir said, "The legal battle that lasted for more than a decade has come to a successful end. Bangladesh Jamaat-e-Islami today regained its registration through the verdict of the Supreme Court of Bangladesh. Jamaat's registration was revoked through a politically motivated PIL, or a case filed for political purposes. Today's verdict has ensured the establishment of a multi-party democratic and participatory parliament.”

“We hope that after this verdict, a vibrant parliament will be formed in Bangladesh through fair elections. We expect that everyone, regardless of race, religion, caste, and class, will exercise their right to vote and choose Jamaat-e-Islami’s leaders of their own will. And we also expect that there will be interesting and constructive debates in the next parliament of Bangladesh, through which democracy will gain a permanent form."

He said, “Today, the honourable Appellate Division declared the High Court's verdict null and void and has directed the Election Commission to quickly settle the registration of Bangladesh Jamaat-e-Islami and other issues that will come before the election. Through this, Bangladesh Jamaat-e-Islami has regained its integrity today and the issue of the election symbol has also been referred to the Election Commission as a secondary issue.”

“Therefore, we have asked for a short order in the case, we hope - we will receive the short order in the case by tomorrow. We will approach the Election Commission for this short order, and we expect the Election Commission to quickly arrange the rest of the registration process and symbol for Jamaat according to the law.”

A LONG LEGAL PROCESS

A total of 25 people, including Bangladesh Tarikat Federation’s Secretary General Syed Rezaul Haque Chandpuri, Zaker Party Secretary General Munshi Abdul Latif, and Sammalito Islami Oikya Jote’s President Ziaul Hasan filed a writ petition challenging Jamaat’s registration on January 25, 2009.

The bench of High Court justices M Enayetur Rahim and Quazi Reza-Ul Hoque cancelled the registration of Jamaat in the verdict of the appeal on August 1, 2013.

The top court dismissed an appeal filed by Jamaat-e-Islami seeking a freeze on the High Court verdict on August 5 of that year.

Following the publication of the full verdict, the EC formally cancelled Jamaat’s registration on October 29, 2018, effectively preventing the party from contesting elections under its symbol.

Jamaat later appealed, but the petition was dismissed on November 19, 2023, by a six-judge Appellate Division bench led by the then Chief Justice Obaidul Hassan due to the absence of the party’s principal counsel.

Following the fall of the Awami League government and a shift in the political atmosphere, Jamaat filed for revival of the appeal.

On August 24 last year, the Supreme Court allowed the appeal to be reinstated, reopening the legal path for Jamaat to reclaim its political registration.

The Appellate Division concluded its hearings in the case on May 14 and set June 1 for its verdict.

Jamaat had been banned in the final days of the previous Awami League government over alleged links to violence during the Anti-discrimination Student Movement.

The ban was lifted by the caretaker government currently in charge, following a request from the Jamaat.