The High Court will pronounce its judgement any day on the writ petition challenging the registration issued by the Election Commission to Jamaat-e-Islami as a political party, reported BSS.
A 3-member bench comprising Justice M Moazzam Husain, Justice M Enayetur Rahim and Justice Dr Quazi Reza-ul Hoque pronounced the decision as the submission of the arguments from all the sides completed on Wednesday.
On January 27, 2009, a 2-member bench issued the rule asking to explain why the registration given by the EC to Jamaat as a political party should not be declared ultra virus to the Constitution.
The EC on November 4, 2008, issued the registration for Bangladesh Jamaat as a political party.
Challenging the EC’s decision, Syed Rezaul Hoque, a central leader of Tarikat Federation, filed the writ petition seeking court’s order on EC to cancel its (Jamaat-e-Islami) registration.
The writ petition said the EC’s decision of registering Jamaat as a political party is contrary to the representation of peoples order (RPO). It said Jamaat could not be registered as a political party for at least four specific grounds.
Explaining the causes, the petition said Jamaat-e-Islami does not believe in principle that people are the main source of power. It said according to RPO, any communal party cannot be registered as a political party, but Jamaat in its action proved it as a communal party.
According to the provisions of RPO, no political party can make any disparity between religions, sexes and castes while selecting its leadership, but Jamaat does not allow non-Muslim and woman to be a leader of the organisation, the petition claimed.
According to the provision of RPO, no branch of any political party can function abroad, but Jamaat is maintaining its foreign branch and also claimed that the organisation was born in India, the petition said.
Barrister Tania Amir moved the petition while Barrister Abdur Razzak appeared for Jamaat and Advocate Mohsin Rashid stood for EC.