The partial-hearing appeal against the High Court verdict declaring Jamaat-e-Islami’s registration illegal is scheduled for hearing in the Appellate Division on Tuesday, May 13.
The case appears second on the day’s cause list under the bench headed by Chief Justice Syed Refat Ahmed.
On November 19, 2023, the appeal was dismissed due to the absence of Jamaat’s lawyers. However, a petition was later filed to restore the case, which the court granted on October 22, allowing the appeal to proceed.
Lawyers Ehsan Abdullah Siddique and Shishir Monir represented the petitioners that day. The hearing began on December 3.
Jamaat-e-Islami received provisional registration as a political party on November 4, 2008. The following year, 25 individuals—including political leaders from the Bangladesh Tarikat Federation and Jaker Party—filed a writ petition challenging the legitimacy of Jamaat`s registration.
The petition named Jamaat leaders, including then-Ameer Motiur Rahman Nizami and Secretary General Ali Ahsan Mohammad Mujahid, as respondents alongside the Election Commission.
Following a preliminary hearing, the High Court bench of Justice A.B.M. Khairul Haque and Justice Md Abdul Hai issued a rule on January 27, 2009.
Over the following years, Jamaat submitted multiple amendments to its party charter to the Election Commission, including a name change from “Jamaat-e-Islami, Bangladesh” to “Bangladesh Jamaat-e-Islami.”
On August 1, 2013, the High Court’s larger bench, led by Justice M Moazzem Hossain, ruled by majority that the registration was illegal and beyond legal jurisdiction. The court, however, granted Jamaat the right to appeal.
Jamaat’s petition for a stay on the ruling was rejected on August 5, 2013, and the full verdict was released on November 2 of the same year. Jamaat then filed an appeal.
On November 19, 2023, the appeal was dismissed as Jamaat’s senior counsel A.J. Mohammad Ali and Advocate-on-Record Zainul Abedin were absent.
Advocate Md. Ziaur Rahman later explained they had sought a six-week deferral due to personal circumstances.
In January 2024, the Awami League returned to power amid growing anti-discrimination protests, particularly against the quota system.
During this unrest, which escalated into demands for regime change following alleged acts of state-sponsored violence, the government banned Jamaat-e-Islami and its affiliated bodies on August 1.
Following the fall of the Awami League government on August 5 under pressure from mass protests, steps were taken to revoke the ban. On August 28, the new government officially annulled the ban order.
Subsequently, Jamaat filed a petition to restore its appeal before the Appellate Division, which is now scheduled for hearing.
