Bangladesh outlaws Jamaat-e-Islami and student affiliate Shibir as ‘terrorist groups’

The government has accused the anti-independence party and its student wing of involvement in the recent violence amid the quota protests

The Bangladesh government has issued a notice banning anti-independence party Jamaat-e-Islami and its student wing Islami Chhatra Shibir for their ‘crimes against humanity in 1971’ and allegations of ‘terrorist activities’ during the violence surrounding the quota protest movement.

The Ministry of Home Affairs issued the notice on Thursday afternoon dubbing Jamaat and its affiliates as ‘terrorist groups’ under the Anti-Terrorism Act 2009.

It is the second time the party has been banned. Its first ban was 50 years ago in 1972 for 'misusing religion for political purposes'.

During Ziaur Rahman's rule, the Jamaat regained its political rights, but demands for its ban had emerged as early as the 1990s from the movement led by Shaheed Janani Jahanara Imam.

However, Imam’s demand to try the party for war crimes remains unfulfilled.

According to the government’s executive order, the verdicts in several cases by the International Crimes Tribunal, Jamaat and Shibir are responsible for genocide, war crimes, and crimes against humanity during the 1971 Liberation War.

The High Court revoked the Jamaat's registration as a political party in response to a writ petition in 2013.

The court ruled that the Jamaat's constitution 'conflicted' with the national constitution, which blocked the party from participating in elections.

The party’s registration was subsequently scrapped by the Election Commission.

“Whereas, the Government has sufficient information to prove that Bangladesh Jamaat-e-Islami and its affiliate Bangladesh Islami Chhatra Shibir were directly and indirectly involved in the recent massacres, destructive activities and terrorist activities;”

“And whereas, the Government believes that Bangladesh Jamaat-e-Islami and Bangladesh Islami Chhatra Shibir, including all its affiliates, are involved in terrorist activities;

“Therefore, the Government, by virtue of Section 18(1) of the Anti-Terrorism Act, 2009, has declared the Bangladesh Jamaat-e-Islami and all its affiliates, including the Bangladesh Islami Chhatra Shibir banned as political parties and organisations, and in Schedule-II of the said Act, the Bangladesh Jamaat-e-Islami and Bangladesh Islami Chhatra Shibir and all its affiliates are being listed as banned entities.”

THE BANNING OF JAMAAT

The ruling party had long debated outlawing Jamaat, but the issue gained urgency following the widespread violence during the recent quota reform protests.

It all began when the High Court declared a 2018 notification scrapping the quota system for government jobs invalid, leading students and job seekers to revive the quota reform movement with protests at the start of July. The scope and scale of the protests gradually increased.

During this period, state properties were damaged in various locations. The BTV building in Rampura, the Setu Bhaban in Banani, the Disaster Management Building, and the Directorate General of Health Services in Mohakhali were vandalised and set on fire. The expressway toll plaza in Mohakhali and two metro rail stations were also damaged and torched.

Amidst the conflict surrounding the protests, the government recorded 150 deaths within a week, although media reports suggested the toll exceeded 200.

Senior government officials claimed that Jamaat had exploited the student protests to incite violence, with support from their long-time ally, BNP.

Against this backdrop, the Awami League-led 14-Party Alliance agreed to ban Jamaat in a meeting on Jul 29. The following day, Law Minister Anisul Huq announced that the government would issue an executive order to ban Jamaat, with the legal process to be finalised by Jul 31.

Following this decision, Home Minister Asaduzzaman Khan said in a press conference at the Secretariat on Jul 31 evening that the process to ban Jamaat and Shibir, the student wing of the religion-based political party, under the 2009 Anti-Terrorism Act was under way.

He said: “The students did not carry out all the violence. Jamaat, Shibir, BNP and other militant organisations took advantage of the student protests. That’s what we understand. Therefore, the long-standing demand to ban Jamaat and Shibir is now being implemented.”

The notification to ban Jamaat was expected to be issued on Jul 31, but the legal process took one more day.

On Thursday morning, Law Minister Anisul Huq told reporters at the Secretariat that the home ministry had sent the documents to the law ministry in the morning.

He said, “The decision to ban Jamaat was taken in a meeting of the 14-Party Alliance. It requires a legal process. Legal obligations have also to be fulfilled in respect of gazette notification. After fulfilling the legal responsibility on Wednesday, the home ministry sent the notice to the law ministry this morning. We sent it back to the home ministry after vetting.

“The Ministry of Home Affairs will publish the gazette notification shortly. The government banned Jamaat, Shibir and its other associate organisations under Section 18 of the anti-terror law.”

Later in the afternoon, the Public Security Division of the home ministry issued the notification.

THE LAW THAT BANS

Jamaat-e-Islami and all its affiliated organisations were banned under the authority of section 18(1) of the 2009 Anti-Terrorism Act.

This section says: “ For the purposes of this Act, the government, on reasonable grounds that a person or an entity is involved in terrorist activities, may, by order, enlist the person in the schedule or proscribe the entity and enlist it in the Schedule.”

The definition of terrorist activities under the Act includes if any person, entity, or foreign national attempts to endanger the integrity, solidarity, public security, or sovereignty of Bangladesh by creating panic among the public or any section of the public to coerce the government or any entity or person to do or abstain from doing any act by killing, causing serious injury, detention, or abduction or attempting to do so; conspiring with, aiding, or inciting another person for such actions; causing or attempting to cause damage to any property of any person, entity, or the republic; or using or possessing explosives, inflammable substances, and firearms with such intentions; or participating in an armed conflict. Such actions are considered ‘terrorist activities.’

The law provides for the highest penalty of death if any offence under it is proven.