Bangladesh’s top court lifts ban on largest Muslim party

The Jamaat-e-Islami party was outlawed by former Prime Minister Sheikh Hasina’s government for its role in war crimes against Bangladeshis in 1971

Bangladesh’s top court on Sunday reversed a previous ruling that paves the way for Jamaat-e-Islami, an Islamist party that was banned by former Prime Minister Sheikh Hasina’s government, to regain its status as a registered political party. 

The Appellate Division of the Supreme Court overturned a High Court judgment from 2013 that had declared Jamaat’s registration as a political party illegal, local media reported, citing the order. The court also directed the election commission to officially reinstate the registration of Jamaat, thereby enabling it to contest elections, including at the national parliamentary level. 

Jamaat’s registration was revoked through politically motivated public interest litigation, and Sunday’s verdict has ensured that a multi-party democratic and participatory parliament is established, lawyers for the party were quoted as saying.   

The party was an active anti-liberation force during Bangladesh’s 1971 Liberation War as a result of which the country gained independence from Pakistan. Its registration with the election commission was canceled in 2013, following a lengthy legal process. In August 2024, days before the Awami League government led by Hasina was ousted from power, it banned all activities by Jamaat and its student wing, Islami Chhatra Shibir, under anti-terrorism laws.

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The Hasina government held Jamaat responsible for genocide, war crimes, and crimes against humanity committed during the 1971 war, as per the verdicts of several cases delivered by the International Crimes Tribunal set up specifically to try those accused of war crimes. 

Days after taking power following Hasina’s ouster, the interim government headed by Muhammad Yunus, a Nobel Peace Prize winner, reversed the earlier decision and lifted the ban on the political activities of the party and affiliated organizations. 

Sunday’s ruling by the Supreme Court comes amid ongoing political instability in Bangladesh, which, according to local media, stems from the reluctance of the Yunus administration to announce elections in the country. 

In a separate development, the same International Crimes Tribunal that earlier convicted Jamaat leaders issued arrest warrants on Sunday for former Prime Minister Hasina and ex-Home Minister Asaduzzaman Khan, accusing them of crimes against humanity in connection with their alleged involvement in suppressing a major uprising in July 2024. The tribunal’s ruling has cleared the way for Hasina to stand trial. Dhaka previously sent a diplomatic note to New Delhi requesting Hasina’s return to face trial, to which the Indian government has not formally responded so far.