SC instructs EC to restore Jamaat’s registration
Staff Reporter :
The Appellate Division of the Supreme Court (SC) has overturned a High Court ruling that had declared the registration of Bangladesh Jamaat-e-Islami as a political party unlawful.
A four-member bench led by Chief Justice Syed Refaat Ahmed delivered the verdict on Sunday, accepting Jamaat’s appeal and reinstating the party’s legal status with the Election Commission (EC). Following the decision, Jamaat’s legal representatives confirmed that the party’s registration is now recognised as valid under the law.
The case’s final hearing concluded on 14 May, with the Supreme Court having scheduled the judgment for 1 June. Senior advocates Ehsan S. Siddiq and Mohammad Shishir Monir represented Jamaat, while the Election Commission was represented by lawyer Tawhidul Islam.
This latest ruling follows a complex legal history. On 19 November 2023, the court had dismissed Jamaat’s appeal due to the party’s failure to appear.
However, after a petition was filed to revive the appeal, the court accepted the delay on 22 October 2023 and resumed hearings on 3 December 2023. After several days of proceedings, the court set the date for its verdict.
Jamaat-e-Islami was initially granted provisional registration on 4 November 2008. Soon after, a group of 25 petitioners, including prominent religious and political figures, challenged the legality of the registration.
The writ petition named Jamaat’s then-leaders and the Election Commission as respondents, seeking to cancel the party’s registration.
Following preliminary hearings in January 2009, the High Court issued a rule, prompting Jamaat to submit multiple amendments to its constitution and change its registered name to “Bangladesh Jamaat-e-Islami.”
After extensive hearings, a larger bench of the High Court declared the party’s registration illegal on 1 August 2013, citing that it had been granted without lawful authority. The court, however, permitted Jamaat to appeal the verdict.
Jamaat’s plea to stay the ruling was rejected shortly after, and their subsequent appeal was dismissed on 19 November 2023.
The legal developments occurred alongside significant political unrest. Following the Awami League’s fourth consecutive term beginning in January 2024, student-led protests erupted over the quota system and government accountability. In this context, the government banned Jamaat-e-Islami and its affiliated groups on 1 August 2024.
After the student-led uprising in early August resulted in the fall of the Awami League government, the ban on Jamaat was officially lifted on 28 August 2024.
The party then petitioned the Supreme Court to revive the case on its registration, culminating in the recent Appellate Division ruling in Jamaat’s favour.