Confusion prevails over Latif Siddique�s status as MP

After being stripped of the primary membership of the Awami League, questions are now being raised over the Parliamentary membership of sacked minister Abdul Latif Siddique.
Sources said that there is little clarity on the status of his membership in Parliament since there was no mention of this peculiarity in the Constitution or the Parliamentary Rules of Procedures.
In such a scenario, although Latif Siddique has lost primary membership of AL, there appears to be no bar in his going back to the session of Parliament.
Article 70 of the Constitution bars an MP from coming back to the House if he loses membership of Parliament for voting against the party or in case of his resignation from the party.
Since none of the two legal barriers apply to Latif Siddique, speculation is rife over his joining the Parliament session as per his convenience. Sources close to Latif Siddique said he wants to join the current session of Parliament on Sunday. He is out on bail after serving about seven months in prison for making derogatory comments against Islam, Prophet Mohammed (SM), Hajj and Tablig Jamaat.
Latif Siddique was elected MP in the 10th Parliamentary elections representing the Tangail-4 constituency on an AL ticket.
A senior official at the Parliament Secretariat said Latif Siddique is still a Parliament member and his seat number 14 in the first row of the treasury bench has remained unoccupied. He said Parliament has taken no decision regarding the membership of Latif Siddique as
the AL had sent no information on his position.
Meanwhile, Speaker Dr Shirin Sharmin Chaudhury told reporters that she was unaware of the decision of the Awami League. “Measures will be taken
regarding his membership after receiving the party decision in writing,” she said.
The Speaker said that the status of Latif Siddique as an MP remains unchanged in the eyes of Parliament. “If the party sends its decision in writing, I will refer it to the Election Commission. The Commission will take its course of action,” she said, adding that the Parliament could only implement a decision once it is arrived at by the EC. “The EC will have to take a decision in this regard. Parliament will only implement the EC's decision,” she said.
However, sources said there was little scope of maintaining Latif's current seat in the treasury benches and that his seat would go to the opposition bench.
“Questions will also arise on the status of his membership since he has been expelled from the party. If his membership remains, what will be his status - as an independent or treasury bench member?” asked another official of the Parliament Secretariat.
Deputy Speaker Advocate Fazle Rabbi Miah, however, said that although it would create confusion and debate, but despite his expulsion from the party, his membership in Parliament would prevail. In that case, Article 70 of the Constitution will not be applied.
“However, the EC will take a final decision in this regard,” he added. Article 70 does not clearly specify what happens in case of expulsion of an MP from his or her party.
The Deputy Speaker further added that since it was a special case, the conditions required to be fulfilled in order to remain an independent MP will not be mandatory for him.
Latif was released on Monday afternoon, days after he obtained bail in all cases filed against him for hurting religious sentiment. On June 23, the High Court granted bail to Latif in 10 cases filed in Dhaka, Chittagong, Laxmipur and Chapainawabganj districts for his disparaging remarks on Hajj and Tablig Jamaat.
Besides, the court suspended all proceedings of the 10 cases for six months, and issued a rule seeking explanation as to why the proceedings should not be cancelled.
On May 25, the same HC bench granted bail to Latif in seven cases filed in Dhaka and Narayanganj for his remarks.
On September 28 last year, at a meeting with expatriates from Tangail in New York, Latif made the remarks about Hajj, one of the main pillars of Islam, and Tablig Jamaat, leading to widespread criticism both at home and abroad.
Latif was later dropped from the cabinet and expelled from the Awami League for his derogatory comments. He was arrested on Nov 25 last year in one of the seven cases filed against him in Dhaka.

 

Confusion prevails over Latif Siddique�s status as MP

After being stripped of the primary membership of the Awami League, questions are now being raised over the Parliamentary membership of sacked minister Abdul Latif Siddique. Sources said that there is little clarity on the status of his membership in Parliament since there was no mention of this peculiarity in the Constitution or the Parliamentary Rules of Procedures. In such a scenario, although Latif Siddique has lost primary membership of AL, there appears to be no bar in his going back to the session of Parliament. Article 70 of the Constitution bars an MP from coming back to the House if he loses membership of Parliament for voting against the party or in case of his resignation from the party. Since none of the two legal barriers apply to Latif Siddique, speculation is rife over his joining the Parliament session as per his convenience. Sources close to Latif Siddique said he wants to join the current session of Parliament on Sunday. He is out on bail after serving about seven months in prison for making derogatory comments against Islam, Prophet Mohammed (SM), Hajj and Tablig Jamaat. Latif Siddique was elected MP in the 10th Parliamentary elections representing the Tangail-4 constituency on an AL ticket. A senior official at the Parliament Secretariat said Latif Siddique is still a Parliament member and his seat number 14 in the first row of the treasury bench has remained unoccupied. He said Parliament has taken no decision regarding the membership of Latif Siddique as the AL had sent no information on his position. Meanwhile, Speaker Dr Shirin Sharmin Chaudhury told reporters that she was unaware of the decision of the Awami League. Measures will be taken regarding his membership after receiving the party decision in writing, she said. The Speaker said that the status of Latif Siddique as an MP remains unchanged in the eyes of Parliament. If the party sends its decision in writing, I will refer it to the Election Commission. The Commission will take its course of action, she said, adding that the Parliament could only implement a decision once it is arrived at by the EC. The EC will have to take a decision in this regard. Parliament will only implement the ECs decision, she said. However, sources said there was little scope of maintaining Latifs current seat in the treasury benches and that his seat would go to the opposition bench. Questions will also arise on the status of his membership since he has been expelled from the party. If his membership remains, what will be his status - as an independent or treasury bench member? asked another official of the Parliament Secretariat. Deputy Speaker Advocate Fazle Rabbi Miah, however, said that although it would create confusion and debate, but despite his expulsion from the party, his membership in Parliament would prevail. In that case, Article 70 of the Constitution will not be applied. However, the EC will take a final decision in this regard, he added. Article 70 does not clearly specify what happens in case of expulsion of an MP from his or her party. The Deputy Speaker further added that since it was a special case, the conditions required to be fulfilled in order to remain an independent MP will not be mandatory for him. Latif was released on Monday afternoon, days after he obtained bail in all cases filed against him for hurting religious sentiment. On June 23, the High Court granted bail to Latif in 10 cases filed in Dhaka, Chittagong, Laxmipur and Chapainawabganj districts for his disparaging remarks on Hajj and Tablig Jamaat. Besides, the court suspended all proceedings of the 10 cases for six months, and issued a rule seeking explanation as to why the proceedings should not be cancelled. On May 25, the same HC bench granted bail to Latif in seven cases filed in Dhaka and Narayanganj for his remarks. On September 28 last year, at a meeting with expatriates from Tangail in New York, Latif made the remarks about Hajj, one of the main pillars of Islam, and Tablig Jamaat, leading to widespread criticism both at home and abroad. Latif was later dropped from the cabinet and expelled from the Awami League for his derogatory comments. He was arrested on Nov 25 last year in one of the seven cases filed against him in Dhaka.