Legal notice served on Maya over holding public offices
A legal notice was served on Relief and Disaster Management Minister Mofazzal Hossain Chowdhury Maya asking him under what authority the ruling Awami League (AL) leader and lawmaker is holding the offices after the apex court annulled his acquittal in a graft case. Supreme Court lawyer advocate Eunus Ali Akond, sent the notice through the registrar office yesterday, asking Maya to explain his holding of public offices as MP and minister, in light of the recent apex court verdict, within 24 hours from the date of receipt of the notice. Otherwise, a writ petition will be filed with the High Court (HC) for necessary directives in this regard, the notice said. Akond said he served the notice in public interest, adding that Maya, also the Dhaka City Awami League general secretary, has been disqualified by the law to serve as minister or lawmaker after the apex courts verdict. On June 14, the Supreme Court cancelled a High Court verdict that acquitted minister and senior Awami League leader Maya in a graft case of 2007. On February 24, 2008, a lower court sentenced Maya to 13 years imprisonment in connection with a graft case filed by the Anti Corruption Commission (ACC), and instructed the authorities concerned to confiscate wealth worth Tk 5 crore.
Maya, who was on the run during the trial, did not contest in the 2008 parliamentary elections and only returned home after his party came to power. The ruling party leader later filed an appeal with the HC on May 25, 2009, challenging the trial courts verdict. On October 27, 2010, the High Court cleared him of the graft charges.
The ACC lodged an appeal against the HC ruling, and the Appellate Division of the Supreme Court, on June 14, cancelled the HC order and ordered a fresh hearing on the appeal in the High Court.
It (the High Court) did not assess the evidence on record, although the special judge on assessment of the evidence convicted the respondent (Maya), the three-member bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, said in its full verdict.
Akond said Maya could not hold the office of lawmaker and minister under Article 66 (2)(D) of the constitution of Bangladesh.
As per Section 2 of its Sub-Section D of the Constitution of the Peoples Republic of Bangladesh: A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.
