The Election Commission (EC) decided not to defend in court its decision that allowed Bangladesh Jamaat-e-Islami get registered with the EC as a parliamentary political party, saying the matter is "sensitive".

This means the EC will not contest the writ petition pending with the High Court (HC) challenging the EC's decision to register Jamaat. The Commission was made respondent to an HC rule in the case along with Jamaat and its two top leaders, sources in the EC said.

Chief Election Commissioner (CEC) ATM Shamsul Huda termed the matter sensitive and said it's better for the EC not to get involved.

When The Daily Star contacted Election Commissioner Muhammed Sohul Hussain over telephone Wednesday, he confirmed the EC's decision.

"We will abide by the court's decision," he said.

Amid widespread objections raised by different political parties and rights organisations, the EC registered Jamaat, an anti-liberation force, as a parliamentary party on November 4 last year, which allowed the party to contest in the ninth parliamentary elections.

The EC had then ignored a number of recommendations made by a technical committee formed by the EC itself to look into parties' constitutions and determine whether those conform to the criteria set by laws for registration, officials in the EC Secretariat said.

The EC, however, ignored the recommendations of the technical committee and let Jamaat register with the EC following the "doctrine of necessity". This was done to ensure participation of BNP-Jamaat alliance in the ninth parliamentary elections held in December, EC officials claimed.

"BNP might not have contested the ninth parliamentary elections if Jamaat was not allowed to get registered, which is mandatory for a party to contest the polls," a senior official in the EC Secretariat said.

Looking into Jamaat's revised constitution, the technical committee found a number of provisions that do not conform with the registration criteria. It found that section-5(3) of Jamaat's charter, which urges to end all types of repressions, injustice by establishing rule of Islamic justice and rule of honest people through organised efforts, does not exactly conform with the country's constitution.

The preamble of the country's constitution reads: "….it shall be a fundamental aim of the state to realise through 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:"

The committee also found section-2(5) of the Jamaat charter as going against the country's constitution. The provision undermines the plenary power of the parliament, guaranteed by the country's constitution, to make laws. Jamaat's charter says people should not accept any one except Allah as the absolute law making authority.

It also found section-6(4) and -3(1) of Jamaat's charter to be against the country's constitution as the section deals with establishing the rule of Islamic justice.

Facing objections, Jamaat brought amendment to its charter again and accepted the parliament's plenary power to make laws but it did not bring any changes to other provisions. At that stage, the EC accepted Jamaat's constitution and let it get registered as a parliamentary political party.

Bangladesh Tarikat Federation's Secretary General Rezaul Haque Chandpuri and 24 others on January 25 this year filed a writ petition with the HC challenging the registration of Jamaat as a parliamentary political party.

The petitioners said the constitution of Jamaat contains a number of provisions that go against the country's constitution and the registration criteria set by the Representation of the People Order (RPO).

The Jamaat charter does not allow any non-Muslims or women to hold the position of ameer in the party, which also go against the registration criteria and against the country's constitution that disallows sex, religion or cast discrimination.

Responding to the petition, an HC Division Bench comprising Justice ABM Khairul Haque and Justice Md Abdul Hye issued a rule on January 27 upon the EC Secretary, the Jamaat-e-Islami chief and secretary general to explain as to why the registration of it as a political party should not be declared illegal and against the country's constitution.

The court asked them to respond before March 9.

Jamaat has yet to respond.

Contacted by The Daily Star on Wednesday over telephone Abdur Razzak, assistant secretary general of Jamaat, said they would respond to the rule once the date for hearing of the case is fixed.

The Jamaat leader said they are yet to prepare for their response to the rule. He said they did not communicate with the EC.

"I heard that the Commission would contest the case," he added.