Staff Correspondent
The High Court on Tuesday asked the Election Commission, Bangladesh Jamaat-e-Islami amir Matiur Rahman Nizami and the party’s secretary general Ali Ahsan Mohammad Mojahid to explain in six weeks why the registration of Jamaat as a political party would not be declared illegal.
The High Court bench of Justice ABM Khairul Haque and Justice M Abdul Hye passed the order after hearing a writ petition filed by 25 people, including Tarikat Federation general secretary Syed Rezaul Haque Chandpuri, Zaker Party secretary general Munshi Latif and Sammilita Islamic Jote vice-president Maulana Ziaul Hasan.
Moving the petition, the petitioners’ counsel Tania Amir argued the commission on November 4, 2008 registered Jamaat as a political party in violation of the Representation of the People Order.
‘Jamaat is disqualified from being registered with the commission according to Article 90C of the Representation of the People Order, ’ Tania said.
According to Article 90C(1)(b) of the order, as amended on August 19, 2008, a political party will be disqualified for registration if ‘any discrimination regarding religion, race, caste, language or sex is apparent in its constitution.’
Referring to the article, the counsel argued, ‘The constitution of Jamaat discriminates against membership of all non-Muslims as well as many practising Muslims and women, which is violative of fundamental tenets of the constitution of the republic.’
Article 90C(1)(c) of the order stipulates a party will be disqualified for registration if ‘by name, flag, symbol or any other activity it threatens to destroy communal harmony or leads the country to territorial disintegration.’
The name, flag, symbol and activities of Jamaat threaten to destroy communal harmony purporting to divide the country and also distort the constitutional and religious values, the counsel said.
Tania with Ziad al Malum and Asaduzzaman moved the public interest litigation writ petition.
Courtesy: newagebd.com
