‘Jamaat can still contest elections’

Barrister Abdur Razzaq claims Jamaat-e-Islami can participate in the elections despite the High Court declaring its registration ‘illegal and void’ on Thursday.

In a reaction to the verdict, the Jamaat-e-Islami lawyer said, “This is a split verdict. The judges have unanimously allowed direct appeal. We have filed an appeal to stay the verdict. So there is no way steps can be taken against Jamaat.”

Razzaq, also an Assistant Secretary General of the party, said now everyone would have to wait for a ruling on the appeal.

“So under the present circumstances Jamaat can contest the elections. Jamaat will participate in the elections for sure if the verdict is stayed.”

Jamaat was registered, along with 38 other political parties, with the Election Commission in 2008. Thursday’s verdict follows a writ petition that challenged the registration.

EC lawyer Shahdin Malik after the verdict said, “The Jamaat-e-Islami will not be able to take part in the election as a political party.”

Jamaat’s lawyers filed an appeal after half an hour of the verdict.

Razzaq said, “This verdict lacks justice. It is wrong. This will have no effect on Jamaat’s political activities. It can continue all its functions.”

The Jamaat lawyer claimed the High Court allowed a direct appeal. Since they have already submitted an appeal, the matter was now under the jurisdiction of the Appellate Division.

“It will be wrong to say that Jamaat will no longer be able to contest the polls. This matter is still under judgement. We all have to wait until the appeal is resolved.”

Razzaq observed that the High Court opened the ‘Pandora’s Box’ by cancelling Jamaat’s registration. The petitioner, he said, did not come to the court with ‘an open mind’.

“The petitioner is a leader of Tarikat Federation. He said that Jamaat’s charter mentions ‘jihad’. He who has jihad in his own charter cannot file a writ petition to challenge Jamaat’s charter. This is an immature writ petition.”

Razzaq also termed the High Court verdict “is inconsistent with the rule of law, democracy, basic rights and the Constitution.”

Khandaker Mahbub Hossain, Bangladesh Bar Council Vice Chairman, said the High Court through this verdict expressed its distrust towards the EC because it was the EC that registered the party.

Hossain, who advises the BNP Chairperson, thought the move to cancel the registration showed the EC’s powerlessness.