Staff Reporter :
Another judge of High Court (HC) on Tuesday felt embarrassed during hearing to dispose of a rule issued previously on legality of retaining National Parliament’s membership by Nizam Uddin Hazari, an Awmai League leader from Feni.
The HC Bench of Justice Abu Taher Md Saifur Rahman sent the petition to the Acting Chief Justice, Md Abdul Wahhab Miah, for a decision as he felt embarrass to hear.
Now Justice Abdul Wahhab Miah will assign another HC Bench for its hearing and disposal of the petition, said Advocate Satya Ranjan Mandol, a lawyer of the writ petitioner.
Satya Ranjan also said that the HC Bench of Justice Abu Taher Md Saifur Rahman started hearing on the rule last week after a series of embarrassment by several HC Benches. But on Tuesday this Bench also felt embarrass after the break time.
The HC felt embarrass for the ninth times to hear this case, the lawyer said.
On December 6, 2016, Justice Md Emdadul Huq and Justice F R M Nazmul Ahasan delivered a spilt verdict on the writ petition that challenged the legality of retaining National Parliament’s membership by Nizam Uddin Hazari.
Justice Md Emdadul Huq said in his part of the judgement that Nizam Uddin Hazari cannot hold the office of the Parliament Member as per Article 66(2)(D) of the Constitution as he is convicted in an arms case.
On the other hand, Justice F R M Nazmul Ahasan said the writ petition is not acceptable, as there is a question of disputed fact regarding serving jail term by Nizam Uddin Hazari in the case.
After that spilt verdict the Chief Justice formed a one-member Bench to hear the case.
Shakhawat Hossain Bhuiyan, a Jubo League leader of Feni, filed the petition in public interest litigation with the HC on June 8, 2014 praying to the court to declare Nizam disqualified for contesting the parliamentary polls and holding the office as a lawmaker because of his alleged forgery in getting early release from jail in a criminal case.
Quoting a newspaper report, Shakhawat in his petition said, a Chittagong court sentenced Nizam Uddin Hazari to 10 years’ imprisonment in an arms case on August 16, 2000. He surrendered to the court on September 14, 2000, and was sent to Chittagong jail to serve his term.
But he was released on December 1, 2005, through fraudulence, Shakhawat said.
Nizam was supposed to be in jail until September 13, 2010, and he, according to the law, was not supposed to be eligible to run in parliamentary polls before September 2015. Nizam provided false information about serving his jail term to the Election Commission, he added.
The HC issued a rule the same day asking the government and the Election Commission to explain as to why the ruling Awami League leader Nizam Uddin Hazari’s Parliament seat should not be declared vacant.
