Jamaat's fate uncertain

The fate of Jamaat-e-Islami hung in the balance with the High Court withholding its verdict on a writ petition seeking cancellation of the Islamist party's registration.

Staff Correspondentbdnews24.com
Published : 12 June 2013, 06:41 AM
Updated : 12 June 2013, 08:48 AM

After hearing on the petition ended, a bench of justices M Moazzam Husain, M Enayetur Rahim, and Quazi Reza-Ul Hoque on Wednesday kept pending the verdict that would determine whether the Jamaat, three of whose top leaders had been convicted for war crimes, could take part in the forthcoming national elections.

It comes at a time when the demand for outlawing the party, which had sided with the Pakistan army during the Liberation War to thwart the nation's struggle for freedom, is growing.

Only the registered political parties will be able to take part in national elections.

On Jan 27, 2009, the High Court issued a ruling following a joint petition by 25 people, 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 Maulana Ziaul Hasan.

It asked the Election Commission to explain as to why the party’s registration should not be declared illegal. The court’s ruling specifically referred sections 90 B(1) and B(2), and 90(C) of the Representation of the People’s Order (RPO).
Jamaat’s chief Motiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujaheed and the Election Commission Secretary were given six weeks time to reply.
The case was later shifted to the bench of Justice AHM Shamsuddin Choudury but after partial hearing, the bench’s authority to hear the matter further was altered.
Barrister Tania Ameer, representing the plaintiffs, had earlier said the defendants were yet to reply to the ruling since it was issued in 2009.
During the hearing of the petition, Khandaker Mahbub Hossain and Barrister Abdur Razzaq had filed power of attorney on behalf of the Jamaat-e-Islami, Ameer said.
The petition argues on four points on which the party’s registration must be cancelled.
The first argument is that 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 Jammat's charter does not allow any woman or non-Muslim to hold its top post.
And fourthly, no party is allowed to have its units abroad. But the Jamaat is a unit of a foreign organisation. They claim their birth was in India and that they have units all over the world.