The Appellate Division of the Supreme Court (SC) on Sunday allowed a plea filed by Bangladesh Jamaat-e-Islami, challenging the High Court verdict that declared the party's registration illegal, reports BSS.
"The Civil Appeal No 139 of 2013 is allowed and Civil Petition No 3112 of 2013 is disposed of in the light of the judgment delivered in Civil Appeal," a four-member Appellate Division bench headed by Chief Justice Syed Refaat Ahmed pronounced the judgment this morning.
The apex court, in its judgment, asked the Election Commission (EC) to dispose of pending issues of Bangladesh Jamaat-e-Islami, including its registration.
Barrister Ehsan A Siddiq and Advocate Mohammad Shishir Manir had taken part in the hearing for Jamaat, while Advocate Touhidul Islam argued for the Election Commission (EC).
"A legal battle which had been going on for more than a decade came to a successful end. Bangladesh Jamaat-e-Islami today, through the judgment of the apex court, got back its registration. Today, the Appellate Division has cancelled the judgment of the High Court Division. Bangladesh Jamaat-e-Islami got back its registration, and the matter of its symbol too was referred to the EC, as other issues," said Advocate Mohammad Shishir Manir.
"We hope that we will receive the short order by tomorrow, and we will approach the EC with that short order, and the EC, as per law, will give our registration along with the symbol very soon," he said.
The Jamaat counsel further said the party's registration was revoked through a politically motivated PIL.
"Through today's judgment, multiparty democracy and participatory parliament were ensured. We hope that after today's judgment, a lively parliament will be formed in Bangladesh through an appropriate election. We hope that all, irrespective of caste, creed and religion, by exercising their rights to vote as they wish, will vote for the leaders of Jamaat-e-Islami. We also hope that interesting and constructive debates will take place in the next parliament in Bangladesh, and eventually, these will give democracy a permanent shape here," he added.
Advocate Manir further said the apex court, in its direction to the EC, asked it to dispose of the Jamaat's registration matter and "any other issues, if there are any".
The Appellate Division on May 14 had set June 1 for pronouncing judgment on the plea filed by Bangladesh Jamaat-e-Islami.
Earlier, the apex court on October 22, 2024, restored Jamaat-e-Islami's appeal against the High Court verdict, paving the way for the party to take part in the hearing on an appeal against the 2013 judgment that had declared its registration illegal as a political party.
The Appellate Division started its hearing on the plea on December 3, 2024. Jamaat's counsels in their arguments said the writ, which initiated the whole process to cancel Jamaat's registration, was politically motivated.
The High Court on August 1, 2013, declared illegal Jamaat's registration as a political party. A three-member greater bench of the High Court comprising Justice M Moazzem Hossain, Justice M Enayetur Rahim and Justice Kazi Reza-ul-Huq delivered the judgment on majority. The judgment had said the registration given to the Jamaat by the Election Commission was beyond lawful authority.
The EC on December 7, 2018, issued the gazette, cancelling the registration of Bangladesh Jamaat-e-Islami.
The party later appealed against the High Court judgment. The Appellate Division of the Supreme Court, however, "dismissed for default" the appeal as the main counsel for the party was absent during the hearing.
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