A Division Bench of High Court (HC) yesterday asked the government, Election Commission (EC) and Nizam Uddin Hazari to explain within four weeks under what authority Nizam Hazari remains a member of parliament, concealing information about his early release from jail in arms case.
The HC bench comprising Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar also issued a Rule Nisi upon the government, the EC and Nizam to explain why the post of MP of Feni-2 Constituency would not be declared vacant.
The HC also asked the respondents to explain whether Nizam Hazari made any forgery to manage early release from the prison.
The bench came up with the direction after hearing a writ petition filed by Shawkat Hossain Bhuiyan, local Juba League leader of Feni on the same day
stating that Nizam managed to escape from the prison having served shorter jail term than what was actually Deen awarded against him in arms case.
Besides, the two judges of the bench directed Chittagong Prison authorities to submit the relevant documents to the court in a month in connection with the jail term served by Nizam Hazari.
National Parliament Speaker, Chief Election Commissioner, secretaries of Law Ministry and National Parliament Secretariat, EC and Home Ministry, Nizam Uddin Hazari, Inspector General (Prison) and senior Jail Superintendent (Chittagong) were made respondents to the rule.
Advocate Manzil Murshed placed the petition before the court and took part in the hearing on behalf of the petitioner while Deputy Attorney General Al Amin defended the state side. Manzil Murshed, a human rights activist, told the media that Nizam Uddin Hazri managed to get release from the jail in a weapon case filed with Chittagong Double Mooring Thana, which he concealed in his affidavit to the Election Commission.
Section N0-66 (2) of the Constitution states, any person would not qualify to be elected Member of Parliament if he is convicted in any criminal case.
The accused would not qualify to contest in any polls before completion of five years serving jail term, the lawyer said. As per the court verdict he needed to serve 10 years in jail. Thus Nizam would be eligible to contest in any election in 2015. But having violated the rules and regulation he became an MP by concealing facts, which Manzil Mashad termed as illegal.
Hazari appealed with the High Court and Appellate Division of Supreme Court challenging the order of the lower courts. But the higher courts upheld the lower court’s verdict. At last, he filed a review petition, which was also dismissed by the court. He was sent to Chittagong jail on March 22 in 1992. On July 28 that year, he got bail from the court.
On August 16 in 2000, the tribunal ordered him 10 years punishment and he surrendered before the court on September 14 the same year.
He managed to obtain release from the jail on December 1 in 2005 through forgery having served five years, two months and 17 days in jail.
