Jamaat moves to lift ban on the party

Logo of Bangladesh Jamaat-e-Islami

Bangladesh Jamaat-e-Islami started its regular activities including the opening of the party offices in Dhaka and elsewhere in the country following the changed situation of 5 August.

Currently, the party’s central focus is on two issues – one is to regain the registration from the election commission and another is to lift the ban on the party.

Sources said Jamaat is also taking legal steps to get back its registration. The party is also running efforts convincing the interim government to lift the executive order which banned the party at the last moments of the student-people movement.

A highly placed source in Jamaat said a lawyer of the High Court has already been appointed to take legal and administrative measures in connection with the ban and registration issues, and the lawyer is mediating with the persons concerned of the government.

On 19 November 2023, the Appellate Division dismissed the appeal challenging the High Court order declaring the registration of Jamaat illegal as a political party.

On that day, lawyer Ziaur Rahman filed a petition on behalf of Jamaat-appointed lawyer AJ Muhammad Ali, who died on 2 May, to postpone the hearing, citing personal issues. The top court, however, rejected the petition and, thus, upheld the High Court order declaring the registration of Jamaat illegal. Now, Jamaat has decided to appeal to the Appellate Division again.

In the meantime, the Sheikh Hasina government banned the Jamaat-e-Islami and Islami Chhtara Shibir at the last moments of the student-people movement on 1 August. The home ministry issued a gazette banning Jamaat, Chhatra Shibir and their affiliates under section 18(1) of the Anti Terrorism Act. But the Hasina-led government was toppled three days later on 5 August and Sheikh Hasina left the country and went to India.

Home and other ministers as well as lawmakers of the Sheikh Hasina government went into hiding in fear of public wrath.

Jamaat came to the scene on the day of this political changing situation on 5 August. Army chief General Waker-Uz-Zaman held a meeting with the leaders of the major political parties excluding the Awami League on the afternoon of that day. The army chief told the media that Jamaat’s ameer Shafiqur Rahman was also present at the meeting. Jamaat’s ameer also attended the meeting of various political parties with the president at Bangabhaban in the evening.

Three days later, Jamaat also attended the oath-taking ceremony of advisers to the interim government at Bangabhaban on 18 August. A Jamaat delegation led by its ameer also held a meeting with Chief Adviser Prof Dr Muhammad Yunus at the state guesthouse Jamuna on 12 August.

Several responsible sources concerned said a top leader of Jamaat at the meeting raised a question on what legitimacy they are holding the meeting with the chief adviser. Immediately, an adviser advised Jamaat to take legal action on this matter, and Jamaat leaders were assured the court would remain entirely fair on it. Jamaat, however, demanded that the interim government also lifts the executive order banning Jamaat suddenly by the Sheikh Hasina government.

Regarding this, Jamaat-e-Islami secretary general Mia Golam Parwar told Prothom Alo, “We will proceed with legal ways on party registration. We hope we will get justice at court.”

On the banning of the party, this Jamaat leader said, “Those who banned us were an illegal government. We did not accept their announcement. The illegal government fell in the wake of public uproar. The incumbent interim government sought the cooperation of Jamaat-e-Islami for nation-building and governing, and the Jamaat responded to this call and has been cooperating at all important levels of the state. This is the evidence that we are legal.”

Sources said Jamaat leaders think advisers concerned of the interim government maintain a positive attitude on returning the party registration and lifting the ban.

They claimed the past government wanted to divert the student-people movement by banning the Jamaat-e-Islami, but it did not work. Jamaat and their student body Islami Chhatra Shibir played an important role in the student-people movement and a large number of the party’s leaders and activists were killed and injured at the grassroots. Jamaa hast not yet published any information on the causalities.

The Sheikh Hasina government formed the International Crimes Tribunal in 2009 and tried the top leadership of Jamaat-e-Islami on charges of crimes against humanity committed during the liberation war in 1971. The government also moved to try Jamaat as a party, but it did not progress further. They, however, banned Jamaat and Ismali Chhatra Shibir at the end of the 15-year rule of Sheikh Hasina.