Chief Justice Md Muzammel Hossain has formed a larger bench to hear a writ petition seeking termination of registration of the Jamaat-e-Islami.
Justice M Enayetur Rahim on Sunday joined the special bench of Justices M Moazzam Husain and Quazi Reza-Ul Hoque.
The move came after the special bench of Justices M Moazzam Husain and Quazi Reza-Ul Hoque earlier in the day forwarded the petition after observing that it needed wider consideration of constitutional and legal issues.
Earlier, a High Court division bench on the day sent the long pending writ petition, challenging the validity of the Election Commission decision that had given registration to Bangladesh Jamaat-e-Islami (BJI) as a political party, to the Chief Justice for resolving the matter by a larger bench.
An HC division bench of Justice M Moazzem Hossain and Justice Dr Kazi Rezaul Haque came up with the order amid hearing on the rule.
It observed that the matter should be resolved by a larger bench since it involves legal as well as constitutional interpretations.
On January 27, 2009, the HC issued rule upon the Election Commission to explain why the registration of Bangladesh Jamaat-e-Islami (BJI) as a political party should not be declared to have been done unlawfully and ultra vires to the Constitution.
An HC division bench had issued the rule, following a Public Interest Litigation (PIL) writ petition seeking proscription of Jamaat-e-Islami.
Maulana Syed Rezaul Haque Chandpuri, secretary general of Bangladesh Tariqat Federation, and 24 others, including Islamic scholars, children of freedom fighters, Tariqat Federation, Zaker Party and Sammilita Islamic Jote filed the PIL writ petition.
On November 4, 2008, the Election Commission granted registration to Bangladesh Jamaat-e-Islami (BJI) as a political party under the Representation of People Order 1972.
The PIL writ petitioners sought enforcement of section 90C of the Representation of People Order along with certain articles of Bangladesh Constitution, including the Proclamation of Independence and Preamble.
Barrister Tania Amir stood for the petitioners while Barrister Abdur Razzaq represented Jamaat-e Islami. UNB