Chamber judge refuses to stay HC verdictStaff Correspondent
The Appellate Division on Monday rejected a petition filed by Bangladesh Jamaat-e-Islami for staying a High
Court verdict that declared its registration with the Election Commission as a political party illegal and unconstitutional.
The vacation judge in chamber, Justice AHM Shamsuddin Choudhury Manik, passed the order after hearing the provisional petition for appeal filed soon after the pronouncement of the High Court verdict on August 1.
At an impromptu briefing, Jamaat’s lawyer Tazul Islam said that their advocate-on-record Jainul Abedin had prayed to the judge for dropping the case from list of the cases for hearing.
Tazul said the advocate-on-record also prayed for referring the case to a regular bench of the Appellate Division for hearing on September 14 as Jamaat’s senior counsel Abdur Razzaq was absent due to annual holiday of the court that began on August 2.
A case is put on the list for hearing by the judge in chamber on the day, if the judge on the day before allows the petitioner’s prayer for the heating, Tazul said.
‘As far as I know, neither the petitioner nor the opponent [the writ petitioners against Jamaat’s registration] prayed for placing the matter on the list of hearing for today [Monday],’ Tazul said.
He said that Razzaq had moved the appeal on Thursday to the Appellate Division chamber judge, Syed Mahmud Hossain, who refused to hear it as the court hours were over.
Additional attorney general MK Rahman, who appeared for the Election Commission, argued that the matter should be placed before the full court of the Appellate Division after reopening of the Supreme Court on September 15.
Tazul also said that the Jamaat might plea for staying the High Court verdict when it would file regular appeal after getting certified copy of the High Court verdict.
He hoped that the election commission would make no decision on cancellation of the Jamaat’s registration until disposal of the appeal by the Appellate Division, as the High Court certified that the case involved a substantial question of law as to the interpretation of the constitution.
The three-member special High Court bench of Justice M Moazzam Husain, Justice M Enayetur Rahim and Justice Quazi Reza-Ul Hoque, by a majority view, declared illegal and unconstitutional the registration of Jamaat as a political party.
The High Court pronounced the verdict in writ petitions filed on January 25, 2009 by Bangladesh Tariqat Federation secretary general Syed Rezaul Haque Chandpuri, and 24 leaders of the federation, Zaker Party and Sammilita Islami Jote.
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