The government is moving towards banning the political activities of the Jamaat-e-Islami through an executive order.
According to Law Minister Anisul Haque, the decision is set to be made by Wednesday.
Initially, the government considered banning the Jamaat through the courts, but it appears that an executive order will be issued instead.
The ban will be enforced through the Public Security Division of the Ministry of Home Affairs, according to sources.
At a meeting of the 14-party alliance chaired by Prime Minister Sheikh Hasina at Ganabhaban on Tuesday evening, the decision to ban the Jamaat-e-Islami was made.
Earlier in 2013, the High Court ruled to cancel and declare illegal the Jamaat-e-Islami's registration following a writ petition.
Five years later, on October 28, 2018, the Election Commission issued a notification cancelling the party's registration.
The notification stated that the Jamaat-e-Islami had applied for registration as a political party under the Representation of the People Order, 1972.
The party was registered on November 4, 2008, with registration number 14.
However, following the High Court's ruling on a writ petition No. 630 of 2009, which declared the Jamaat's registration illegal, the Election Commission cancelled the party's registration in October 2018.
The Jamaat appealed against the High Court's decision, but the Appellate Division dismissed the appeal on November 19, 2023.
Despite the cancellation of its registration, the Jamaat was not banned as a political party.
According to existing laws and the constitution, a party without registration cannot participate in elections, but there is no provision that prevents it from engaging in political activities.
The government initially considered prosecuting the party through the courts to ban its activities. Another option was to pass a law in Parliament to ban the party.
Despite demands to ban the Jamaat's politics over the years, a strong demand emerged from the Shahbagh movement in 2013 to ban the party.
The demand intensified when the International Crimes Tribunal declared Jamaat involved in war crimes.
In response, the government proposed amending the International Crimes (Tribunals) Act to bring the organization under trial along with individuals.
In March 2014, the investigation agency submitted a report to the chief prosecutor of the tribunal, accusing Jamaat-e-Islami of crimes against humanity.
Following the Shahbagh movement's demand, then-state minister for Law Qamrul Islam stated in 2013 that a decision could be made soon in Parliament to ban Jamaat-e-Islami.
He mentioned several ways to ban the party, including through the courts and the International Crimes Tribunal.
On February 6, 2019, Prime Minister Sheikh Hasina mentioned in Parliament that the decision to ban Jamaat-e-Islami would depend on a court ruling, expressing hope that a ruling would be made soon.
However, she did not specify which case she was referring to. There was no separate case for banning Jamaat-e-Islami; the case was related to the cancellation of the party's registration.
In 2023, an appeal was filed in the appellate court on June 26, requesting a ban on all political activities of Jamaat-e-Islami until the final resolution of the ongoing registration case.
However, the appellate division did not accept the appeal following the High Court's decision to cancel Jamaat's registration on November 19, 2023.
At a press conference on January 6, 2014, Prime Minister Sheikh Hasina mentioned that there was a writ petition regarding banning Jamaat, but no comments could be made until the writ was resolved.
In January 2019, Law Minister Anisul Haque mentioned that they had drafted a law to ban Jamaat-e-Islami, which would be presented to the cabinet for approval.
He further stated that the existing laws did not allow for the trial of Jamaat-e-Islami, and amendments would be necessary.
On June 11, 2023, Anisul Haque mentioned at an event that the process of amending the law to prosecute Jamaat as war criminals was ongoing and would soon be presented to the cabinet. However, the law was not amended.
Following the 14-party meeting's decision on Monday, Anisul Haque spoke to the media on Tuesday, stating that the prime minister had instructed him to take measures by Wednesday.
He mentioned that the ban on the party would improve law and order and the political situation in the country.
The minister indicated that the government might ban Jamaat-e-Islami through an executive order rather than a judicial one.
Awami League General Secretary Obaidul Quader mentioned that the government would implement the decision to ban the Jamaat as discussed by the 14-party alliance, ensuring no loopholes would allow the party to operate in independent Bangladesh.
When asked whether the order would be issued through the Ministry of Home Affairs, Home Minister Asaduzzaman Khan said that it would likely be issued through the ministry, following the prime minister's instructions.
Confirming that the order would be issued on Wednesday, Anisul Haque stated that the order would indeed come from the Ministry of Home Affairs.
