The Election Commission (EC) on Thursday declared that the Bangladesh Jamaat-e-Islami cannot take part in the parliamentary poll. his is the first time that the EC has broken its silence over the much-debated issue of Jamaat’s participation in the coming election.
On January 27, 2009, the High Court issued a rule upon the EC, following a Public Interest Litigation (PIL) writ petition seeking proscription of the Islamic party, to explain why the registration of the Bangladesh Jamaat-e-Islami as a political party should not be declared to have been done unlawfully and ultra vires the Constitution.
In February 2010, the Supreme Court barred the use of religion in politics by restoring the original Constitution of 1972.
Although Jammat has amended its constitution five times, including its aim and objectives and some other provisions, it does not conform to the country’s charter and Representation of the People Order (RPO).
“As per the court’s verdict, Jamaat’s registration as a political party is not valid. However, it’s not necessary to send any letter to Jamaat in this regard,” Election Commissioner Md Shah Nawaz told reporters at his office.
According to the EC, a number of clauses in Jamaat’s charter call for establishing the rule of Islam, which is in conflict with the country’s charter, especially Clause 3 of Article 2, Article 3, Clause 3 of Article 5, Clause 4 of Article 6, Clauses 1-4 of Article 7, Clause 2 of Article 11 and Clause 4 of Article 18.
Jamaat-e-Islami was founded on 26 August, 1941 by Syed Abul Ala Maududi, a journalist. It opposed the creation of Pakistan.
After the creation of Pakistan, the Jamaat-e-Islami was divided into separate Indian and Pakistani national organisations. The Bangladesh Jamaat-e-Islami developed from the Jamaat wing of then East Pakistan.
Upon the independence of Bangladesh in 1971, the government banned Jamaat from political participation and its leaders went into exile in Pakistan. The ban on the Jamaat was lifted in 1975 after the brutal killing of Bangabandhu Sheikh Mujibur. Its leaders were allowed to return. The Jamaat agenda is the creation of an “Islamic state” with the Shariat legal system, closer relations with Pakistan and Saudi Arabia, and outlawing of “un-Islamic” practices and laws.
In the 1980s, Jamaat joined a multi-party alliance for the restoration of democracy. It later allied with Ziaur Rahman’s Bangladesh Nationalist Party (BNP).
In 2010, the present Awami League government starts prosecution of war crimes committed during the 1971 war under the International Crimes Tribunal. By 2012, two leaders of the BNP and eight of Jamaat had been charged with war crimes.
Top Jamaat leaders have been convicted of crimes. In response, the Jamaat has beld major strikes and violent protests across the country, which has led to more than 60 deaths (mostly by security forces), and a mass destruction of public and national properties.
On the website of the EC, Jamaat is still referred to as a political party. When asked about it, Shahnewaz said: “A decision will be taken after receiving a copy of the full verdict. The name hasn’t been struck off yet to avoid confusion. But there is a footnote on the website, stating the current status of Jamaat.” It may be mentioned that registration of the Freedom Party was cancelled for the same reason, but its name was immediately struck off from the website.
-With The Independent input
