Jamaat banned four times after its birth

ANU MOSTAFA, DHAKA, Aug 4: Jamaat-e-Islami Bangladesh is now at the crossroad of history. Bangladesh`s High Court declared the registration of Jamaat as a political party on Thursday.

A larger bench of justices M Moazzem Husain, M Enayetur Rahim, and Quazi Reza-ul Huque announced the verdict on Thursday, cancelling Jamaat`s registration on the basis of the opinion of majority of amicus curie. As a result of the verdict, the party Jamaat has lost the right to contest in the elections on the basis of a party and with the party`s election symbol.

Immediately after pronouncement of the judgement, the Election Commission lawyer Mohsin Rashid said Jamaat-e-Islami is no more as a registered political party with the Election Commission following the verdict.

State Minister Quamrul Islam said it has become easier to ban Jamaat-e-Islami in the country following the verdict.

He said Jamaat`s politics will be banned. After its birth on August 26, 1941 under the leadership of Syed Abul A’la Moududi, Jamaat has been banned in the sub-continent for four times due to its criminal offences. It has been banned in Bangladesh once, twice in Pakistan and once in India.

 

In its verdicts in six cases against Jamaat leaders, the International Crimes Tribunal accused Jamaat for its past activities. It was termed as a terrorist and criminal organisation.

 

In 1971 when Bangladesh was fighting for its liberation against the occupation Pakistani forces, Jamaat leaders and workers became collaborators of Pakistan army and helped them not only to gain control of the country but also to carry out acts of genocide, arson, loot, rape and forced conversion and eviction across the country. Apart from destroying the property of people, they actively took part against the country`s independence.

 

After the defeat of the Pakistani occupation forces in 1971, Jamaat has also been regarded as an anti-independence defeated force. After 42 years of the country`s independence, the top leaders of the party are now being tried for crimes against humanity during the War of Liberation. Several verdicts have already been delivered and the rest are awaiting pronouncement.

 

Jamaat born in controversies

 

Bangladesh Jamaat-e-Islami was earlier known as Jamaat-e-Islami Bangladesh. Jamaat, started its journey on Aug 26, 1941 under the leadership of Syed Abul A’la Moududi with the name Jamaat-e-Islami Hind.

 

Jamaat was first banned in Pakistan in 1959 for instigating communal violence. Jamaat`s activities were banned again on January 4, 1964 for  opposing the Muslim Family Act formulated by Ayub Khan in 1962. The party chief Moududi along with 60 others were arrested.

 

Of these 60 people, 13 Jamaat leaders were from East Pakistan and Ghulam Azam was one of them. He has recently been awarded 90 years of jail sentence in war crime cases.

 

Jamaat`s role during the War of Liberation

 

In 1971, Jamaat strongly opposed the Bangladesh`s liberation war.  In order to help the Pakistan army, Jamaat created its own private killing squads like Razakars, Al-Badar and Al-Shams etc. They were funded and armed by the Pakistan army and went on indiscriminate rampage with the help of the Pakistan army. They resorted to selective killing, mostly focusing on the intellectuals of the country on the dark night of December 14, 1971. Sensing the defeat and emergence of a new nation, Ghulam Azam fled to Pakistan. Some others also fled the country and went to the Middle East and then to Europe. The rest were arrested under the Collaborator’s Act.

 

Jamaat-e-Islami in an independent country

 

Bangladesh achieved final victory on December 16, 1971. In that year, all religion-based political parties were banned through an ordinance. General Ziaur Rahman became chief martial law administrator and then the president after the brutal killing of Bangabandhu Sheikh Mujib and his family members on August 15, 1975.

 

In August 1976, General Ziaur Rahman`s government opened the politics declaring Political Party Ordinance. At that time, Jamaat-e-Islami started its activities in guise of Islamic Democratic Party.

 

The Ziaur Rahman government allowed Ghulam Azam to return to Bangladesh with a Pakistani passport on a three month`s visa on the pretext of seeing his ailing mother in 1978 never to return back. In May 1979, Jamaat-e-Islami Bangladesh formally started its political activities in the country again.

 

Jamaat`s political future in grave crisis

 

Much of Jamaat`s political future has become uncertain through declaring its registration illegal by the High Court. Analysing the High Court verdict, the lawyers said Jamaat-e-Islami`s objectives and beliefs are conflicting with the country`s constitution. It is matter of law. Jamaat will not be able to contest elections f it wants to do so.

 

Noted lawyer Barrister Amirul Islam said Jamaat does not recognise the country`s constitution. Regarding the cancellation of any party`s registration, it has been mentioned in the Clause 90-H B of the Representation of Peoples (Amendment) Act 2009 that the Election Commission will cancel the party`s registration if the government bans any political party.

 

It has also been mentioned in the Sub-Clause `C` that a political party will lose its registration and will be deprived of receiving registration afresh if its constitution becomes conflicting with the country`s constitution. As a result, no political party, named Jamaat will not be able to contest in the election. However, anyone of the Jamaat leaders will be able to take part in the election privately if they want to do so.

 

He said Jamaat`s political activities were not banned though the court declared the party`s registration illegal.

 

Former Election Commissioner Shakhawat Hossain said there are many parties which exercise politics in Bangladesh though they have no registration. Jamaat will also be able to do politics here.

 

Demand of banning all activities of Jamaat is getting stronger

 

In all six cases of crimes against humanity, the International Crimes Tribunal has observed that Jamaat carried out its activities in favour of Pakistani army during the War of Liberation. Terming Jamaat as a terrorist organisation, the tribunal also requested all not to take the party`s leaders and activists in any social, religious and cultural organisations. In such a situation, noted historian Muntasir Mamun thinks that the cancellation of the party`s registration is a very significant step.

 

He said Jamaat will have to exercise politics despite the cancellation of registration. However, the government can ban the politics of Jamaat if it wants. We want that the government will take initiative in this regard.

 

Ghatak-Dalal Nirmul Committee`s executive president Shahriar Kabir thinks that acceptability of Jamaat to people has gone down following the court order declaring its registration illegal.

 

He said pressure mounts on the government to ban Jamaat. The government cannot avoid it. Because, the government itself will have to take the initiative to ban Jamaat-e-Islami.

 

Is it possible to ban Jamaat?

 

Jamaat-e-Islami has already been accused for its widespread criminal activities. Some top leaders of the party have already been sentenced on different terms. The party`s present leadership has been continuing its past activities. Starting from its involvement in crimes against humanity in 1971, the party`s leaders and workers have unnecessarily been resorting to brutal and violent activities.

 

Jamaat`s student wing Chhatra Shibir has carried out widespread terrorist activities at educational institutes over the last several decades. They created a deep sense of panic in the minds of people resorting to absolute brutality. Shibir has created the example of reign of terror right from cutting the tendons to horrific incidents of hack to death.

 

On the other hand, people witnessed horrific violence across the country after the pronouncement of verdict against Jamaat leader Delwar Hossain Saidee on February 28 last. It reminded the party`s brutalities and atrocities committed in 1971.

 

The party`s leaders and workers become violent whenever they get scopes. As a result, demand of banning Jamaat is getting stronger. Many opine that Jamaat should be banned. They say that the party will never be able to get rid of its past crimes narrated in the pages of history.

 

There should not be any opportunity for the party like Jamaat to exercise politics in the country. The country`s young generation now wants that Jamaat`s politics should come to an end on the soil of the country.

 

Abul Kashem, a professor of History of Rajshahi University, said all know about the brutality of Nazis during the Second World War. Still this party cannot exercise politics or do any activities openly in Germany. Even, the exhibition of Nazi forces emblem `Swastika` is banned in Germany.

 

According to Prof Kashem, there are many similarities between the criminal activities of Hitler`s Nazi forces and Jamaat-e-Islami of Bangladesh. Both parties were involved in humiliating the humanity utterly in their respective countries.

 

He said Hitler`s Nazi forces were eliminated through a broad-based plan in Germany. But, Jamaat-e-Islami has been patronised and nurtured through various means. However, it is a matter of great hope that trial of the crimes against humanity has started in Bangladesh even after 42 years after the country`s independence. It is possible to ban Jamaat-e-Islami if the conscience of the ruling party holds the spirit of the War of Liberation.