The Supreme Court Monday rejected a plea by Bangladesh Jamaat-e-Islami seeking a stay order on the High Court verdict that declared the party's registration with the Election Commission illegal.
Chamber Judge of a vacation bench Justice AHM Shamsuddin Choudhury passed the order pointing out that staying the verdict would be a misconception of law.
He said there was no need for staying the verdict as the party could file a regular appeal with the Appellate Division against the High Court verdict after getting its full text.
On August 1, the High Court considering a writ petition filed in 2009 declared Jamaat's registration as a party illegal and its charter contrary to the Constitution.
Following the verdict, the High Court gave a certificate to Jamaat to file an appeal as the case involves substantial question of law.
Jamaat filed the stay petition with the chamber judge on the very day, requesting a stay on the verdict. But the chamber judge could not hear the matter that day as the fixed time ended.
Meanwhile, Additional Attorney General MK Rahman, who represented the Election Commission, told reporters yesterday that Jamaat could not contest in the polls until the Appellate Division set aside the High Court's judgement. To publish a gazette notification in this regard is a mere formality.
After the chamber judge's decision, Jamaat lawyer Tajul Islam told newsmen that the court's hearing of the stay petition was not in line with the rule.
Jamaat would appeal to a full bench of the Appellate Division after getting full text of the verdict, he said.
MK Rahman argued: "To hear a stay petition is the responsibility of a court, even if the petitioner wants to move the matter later."