The New Nation - Internet Edition

Mohammad Ali

Banning of religious ideology based political parties is fully dependent on the Election Commission (EC), Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed said yesterday.

"It is the jurisdiction of the EC to take decision whether it will give registration to any political party or to cancel registration," the Law Minister said after inaugurating a national consultation on "Children Justice System in Bangladesh" in the city.

Save the Children, Children Justice Network and Shishu Shurikkhai Amra jointly organised the function with Sumon Gupta, Country Director of Save the Children UK in the chair.

High Court Division's Justice Imman Ali presented a keynote paper while Bangladesh Human Rights Commission Chairman Prof Dr Mizanur Rahman and Country Director of Save the Children Sweden-Denmark Brigit Lundbak, among others, spoke on the occasion.

Meanwhile, the matter of canceling or banning the country's religious ideology based political parties came to light after the Supreme Court delivered its detail verdict on the Fifth Amendment to the Constitution on Tuesday last.

Election Commissioner M Sakhawat Hossain made no comment about cancellation of the religion based political parties while talking to The New Nation over phone yesterday saying, "We didn't get any copy of the SC verdict till now". The Appellate Division of the SC in its detail verdict on the Fifth Amendment reinstated a part of Article 38 of the Constitution that prohibited formation of religion-based organisations, concerned lawyers said.

The provision's part, introduced in the original Constitution formed in 1972, was omitted in the Fifth Amendment passed in the Parliament in April of 1979, opening path of forming religious ideology based organisations and parties in the country.Following the judgment, the people lost the right to form organisations or parties based on religious ideology and to be engaged in such activities, the lawyers said.

"The matter of cancellation of the religious political parties' registration is fully dependent on the EC. But the EC, as a constitutional body, has to take its decision considering the Constitution's dignity and esteem," Barrister Shafique said.

The provision, which prohibited formation of parties and organisations with religious purpose, was reestablished in the Constitution following the SC judgment. If aims and ideology of any political party were contradicted to the Constitution, then the EC would obviously consider the matter, he said.

"There is no specific timeframe for the EC to take its decision about canceling registration of the religion based political parties. Whenever the EC will want, it will take its decision," the Law Minister said replying to a query.

However, the legal experts expressed their mixed opinions over banning of the political parties.

Some of them said the religious parties were banned through the verdict while some others said the government if it wanted, might allow the religious parties for politics.

The Islamic religion based political parties are working to wage a united movement against the government move to ban religious ideology based politics, Islamic ideology based party sources said.

Currently, there are 38 political parties registered with the Election Commission. Of them, 12 are Islamic ideology based political parties, added the sources.