The registration of Bangladesh Jamaat-e-Islami, as a political party, was declared illegal by the High Court on Thursday.
Justice M Moazzam Husain who headed a larger HC bench, declared the judgment on a writ petition in the form of public interest litigation (PIL) challenging the validity of the Election Commission decision that had given registration to Bangladesh Jamaat-e-Islami (BJI) as a political party in 2008.
The two other members of the bench were Justice M Enayetur Rahim and Justice Quazi Reza-ul Hoque.
"The rule is absolute with the majority view," said the HC short order.
Referring to article 103 (2) (a) of the Constitution , the HC also gave certificate to the respondents to appeal against its order with the Appellate Division sans leave as it involves a substantial question of law as to the implementation of this Constitution.
On January 27, 2009, an HC division bench responding to a writ petition issued a rule upon the Election Commission to explain why the registration of Bangladesh Jamaat-e-Islami
(BJI) as a political party should not be declared to have been done unlawfully and ultra vires to the Constitution.
Maulana Syed Rezaul Haque Chandpuri, secretary general of Bangladesh Tariqat Federation, and 24 others, including Islamic scholars, children of freedom fighters, Tariquat Federation, Zaker Party and Samilita Islamic Jote filed the PIL writ petition.
On November 4, 2008, the Election Commission granted registration to Bangladesh Jamaat-e-Islami (BJI) as a political party under the Representation of People Order 1972.
On March 10, this year, after a brief hearing, the designated HC division bench sent the long pending writ petition, challenging the validity of the Election Commission decision that had given registration to Bangladesh Jamaat-e-Islami (BJI) as a political party, to the Chief Justice for resolving the matter by a larger bench as it involved legal and constitutional interpretations.
Accordingly, the larger bench was constituted by the Chief Justice to dispose of the writ petition.
Barrister Tania Amir stood for the petitioners while Barrister Abdur Razzaq for Jamaat-e Islami.
Chief Election Commissioner Kazi Rakibuddin Ahmed on Thursday said they will take necessary action against Bangladesh Jamaat-e-Islami after receiving the High Court verdict declaring illegal the registration of the party.
"We're bound to comply with the court order. We can't say anything until we get the copy of the verdict. We will tale the appropriate measures after examining the verdict," he said.
The CEC made the remarks while talking to the reporters at his office following the verdict over the legal dispute on Jamaat's registration. Earlier in the day, the High Court declared illegal the registration of Bangladesh Jamaat-e-Islami as a political party.