Split verdict on Nizam Hazari JS membership

A High Court bench yesterday delivered a split verdict on a writ petition challenging the legality of Awami League (AL) leader Nizam Uddin Hazari’s membership of Parliament. Senior judge of the bench, Justice Md Emdadul Huq, declared the election of the Feni-2 constituency MP, Nizam Hazari, illegal, while the junior judge of the bench, Justice FRM Nazmul Ahasan, rejected the petition. In his judgment, the senior Justice said that as per the law, convicts were barred from contesting in any election before the completion of his/her conviction term.
A scrutiny of documents had revealed Nizam Hazari to be a convict and that he was holding the membership of Parliament without serving his full prison term. Hence, Justice Huq said, his election as an MP was being declared illegal. The senior judge also asked the Election Commission (EC) to hold a fresh election once the seat was vacated following Hazari’s disqualification. But the junior judge maintained that electoral anomalies, if any, were to be dealt with by the EC, the sole authority to dispose of such cases. Hence, Justice Ahasan rejected the petition.
According to rules, the split verdict will now go to the Chief Justice for his final decision. The Chief Justice will form a new bench to resolve the divided judgment, Barrister Shafique, counsel for Hazari, told reporters after the verdict.
In 2014, Shakhawat Hossain Bhuiyan, a Jubo League leader of Feni, filed the writ petition with the HC, attaching a newspaper report of May 10, 2014, stating that Nizam Uddin Hazari had been awarded 10 years of imprisonment in an arms case, but had been freed from prison two years and 10 months before his jail term was completed.
He said in the petition that a Chittagong court had sentenced him to 10 years’ imprisonment on August 16, 2000.
Nizam Hazari was sent to the Chittagong jail after he surrendered to the lower court on September 14, 2000 and secured his release from jail on December 1, 2005, through fraudulent means, the petition claimed.
In response to the petition, the HC had, on June 8, 2014, issued a rule asking the government, the EC, and Nizam Uddin Hazari to explain within four weeks under what authority the MP claimed to hold the public office by concealing the information about his early release from jail in the arms case. As two HC benches had expressed their reluctance to hear the rule, the Chief Justice had sent it to the HC bench headed by Justice Huq. The bench started the hearing on January 19. On May 26, the HC asked the jail authorities to furnish the details of the ruling party MP’s jail term. The jail authorities submitted their report on July 19. According to the report, of the 10-year jail term, Hazari had served five years, eight months and 19 days. Including a 625-day exemption, the total jail term Nizam Uddin Hazari served stood at seven years, five months, and 14 days. This meant, the MP had not served two years, six months, and 16 days of his jail term. After hearing on the rule, the HC bench yesterday came up with the order.

Split verdict on Nizam Hazari JS membership

A High Court bench yesterday delivered a split verdict on a writ petition challenging the legality of Awami League (AL) leader Nizam Uddin Hazaris membership of Parliament. Senior judge of the bench, Justice Md Emdadul Huq, declared the election of the Feni-2 constituency MP, Nizam Hazari, illegal, while the junior judge of the bench, Justice FRM Nazmul Ahasan, rejected the petition. In his judgment, the senior Justice said that as per the law, convicts were barred from contesting in any election before the completion of his/her conviction term. A scrutiny of documents had revealed Nizam Hazari to be a convict and that he was holding the membership of Parliament without serving his full prison term. Hence, Justice Huq said, his election as an MP was being declared illegal. The senior judge also asked the Election Commission (EC) to hold a fresh election once the seat was vacated following Hazaris disqualification. But the junior judge maintained that electoral anomalies, if any, were to be dealt with by the EC, the sole authority to dispose of such cases. Hence, Justice Ahasan rejected the petition. According to rules, the split verdict will now go to the Chief Justice for his final decision. The Chief Justice will form a new bench to resolve the divided judgment, Barrister Shafique, counsel for Hazari, told reporters after the verdict. In 2014, Shakhawat Hossain Bhuiyan, a Jubo League leader of Feni, filed the writ petition with the HC, attaching a newspaper report of May 10, 2014, stating that Nizam Uddin Hazari had been awarded 10 years of imprisonment in an arms case, but had been freed from prison two years and 10 months before his jail term was completed. He said in the petition that a Chittagong court had sentenced him to 10 years imprisonment on August 16, 2000. Nizam Hazari was sent to the Chittagong jail after he surrendered to the lower court on September 14, 2000 and secured his release from jail on December 1, 2005, through fraudulent means, the petition claimed. In response to the petition, the HC had, on June 8, 2014, issued a rule asking the government, the EC, and Nizam Uddin Hazari to explain within four weeks under what authority the MP claimed to hold the public office by concealing the information about his early release from jail in the arms case. As two HC benches had expressed their reluctance to hear the rule, the Chief Justice had sent it to the HC bench headed by Justice Huq. The bench started the hearing on January 19. On May 26, the HC asked the jail authorities to furnish the details of the ruling party MPs jail term. The jail authorities submitted their report on July 19. According to the report, of the 10-year jail term, Hazari had served five years, eight months and 19 days. Including a 625-day exemption, the total jail term Nizam Uddin Hazari served stood at seven years, five months, and 14 days. This meant, the MP had not served two years, six months, and 16 days of his jail term. After hearing on the rule, the HC bench yesterday came up with the order.