The High Court yesterday fixed November 22 for delivering its verdict on a writ petition filed challenging the legality of parliament membership of Nizam Uddin Hazari, a ruling Awami League leader of Feni. After concluding the final hearing on the petition, the HC bench comprising Justice Md Emdadul Huq and Justice FRM Nazmul Ahasan set the date. During the hearing, Advocate Kamrul Haque Siddiqui, counsel for the petitioner, told the High Court that a court had earlier convicted Nizam Uddin Hazari for 10 years imprisonment in an arms case. But, Hazari was released from jail without completing the entire 10 years’ prison term. Hence, his JS membership should be cancelled, he added.
On the other hand, Hazari’s lawyer Barrister Shafiq Ahmed told the court that the writ petition is not acceptable as it was filed as a public interest litigation. Later, the court fixed the date for delivering its order on the petition. Earlier in 2014, Shakhawat Hossain Bhuiyan, a Juba League leader of Feni, had filed the petition with the HC attaching a newspaper report of May 10, 2014 stating that Nizam Uddin Hazari was awarded 10 years’ imprisonment in an arms case, but he was freed from jail two years and 10 months before completion of the jail term.
On June 8, 2014, the HC issued a rule asking the government, the Election Commission and Nizam Uddin Hazari to explain within four weeks under what authority the MP claims to hold the public office concealing information about his early release from jail in the arms case. As two HC benches expressed their embarrassment to hear the rule, the Chief Justice had sent it to the HC bench, headed by Justice Md Emdadul Haque.
The HC bench started the hearing on the rule on January 19 last. On May 26, the HC asked the jail authorities to inform it the details of jail term served by the ruling party MP. The jail authorities submitted its report in this connection on July 19. According to the report, out of the 10-year jail term, he served five years, eight months and 19 days. Including a 625-day exemption, the total jail term Nizam Uddin Hazari served stands at seven years, five months and 14 days, which means the MP is yet to undergo two years, six months and 16 days of jail term, according to the report.