In a major shift in stance on registration with the Election Commission (EC), Jamaat-e-Islami yesterday said it will get registered as a political party within the stipulated time, and if necessary amend its constitution for that.
Its Ameer Motiur Rahman Nizami said, “We will not give anyone the chance to leave us out of election on technical grounds. We have amended our constitution several times before, and will do it again if need be.”
He was speaking to reporters at the city's Institute of Diploma Engineers after a programme of Bangladesh Rickshaw Sramik Kalyan Federation, a pro-Jamaat labour organisation.
Referring to new electoral rules, the former industries minister said, “We are not used to dodging laws. We will take necessary measures under the law.”
Replying to a query, he said, “We are always in favour of election and prepared for it. But all parties should be allowed to contest the polls.”
Earlier, at talks with the EC on September 20, Jamaat said it does not accept some of the registration conditions, and demanded that those be scrapped immediately.
It went on to say the commission would better hold the parliamentary election on December 18 without enforcing the provision for mandatory registration.
According to the EC's announcement, political parties must apply by October 15 for registration on meeting the conditions laid down in the revised Representation of the People Order (RPO).
After the commission moved to ease the registration procedure to allow the parties to register by amending their constitutions provisionally, Awami League, Jatiya Party and some other organisations decided to get registered.
BNP too does not seem to have any major problem with fulfilling the criteria. But Jamaat must contend with bringing some fundamental changes to its constitution, observed political analysts.
Of the registration stipulations, those that threaten Jamaat's standing as a hard-line Islamic organisation rile the party leadership, they added.
On August 28, the Jamaat secretary general filed a writ petition with the High Court (HC) challenging the criteria.
The same day the HC issued a rule on the government and the EC asking them to explain why three RPO sections including the ones restricting registration of religion-based parties should not be declared illegal.
Jamaat had been maintaining that the commission should not enforce the provisions until the court's rule is settled.
Of the criteria it opposed, one says a political party shall not be qualified for registration if objectives in its constitution run counter to those in the country's.
Another says a party shall be adjudged ineligible to register if its statute seems to encourage discriminations on grounds of religion, race, caste, language or sex.
The party voiced reservations also about having a specific constitutional provision to ensure at least 33 percent positions at all committees are reserved for women by the year 2020.
According to constitution experts, Jamaat's charter clearly undermines the preamble of the constitution of the people's republic of Bangladesh.
The preamble reads: "…. it shall be a fundamental aim of the state to realise through the democratic process a socialist society, free from exploitation--a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens."
Aims and objectives of Jamaat's constitution, on the other hand, are to establish Khelafat (Islamic rule) and get mankind to follow and practise Allah-directed life without adhering to any manmade ideologies or rules.
At this point, the legal experts said, Jamaat's constitution rejects the supreme law of the republic that is manmade.
In fact, there are disagreements in many respects, they added.
As per Jamaat's statute, one will have to swear complete allegiance to Allah and his prophet (sm) to join the organisation.
This means only devout Muslims can be a member or leader of Jamaat-e-Islami. It is against the spirit of the constitutional guarantee of non-discrimination, noted the legal experts.
Talking to The Daily Star about Jamaat's change in stance, BNP Vice-Chairman MK Anwar last night said it is always possible for an organisation to amend its constitution.
“The EC has imposed the condition and naturally the political parties will have to comply with this if they are to participate in the election,” he said, adding, it would have been better if the matters were left at the parties' discretion.
Bangladesh Jatiya Party (BJP) Chairman Andalib Rahman Partho told The Daily Star that the issue of registration and amendments to party charters is supposed to be settled at a four-party alliance meeting on October 12.