Qamrul, Mozammel violated oath: Holding posts will be regretful: Law experts

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Staff Reporter :
Eminent jurist and Constitution expert Dr Kamal Hossain said there is no specific reference in the Constitution about the violation of oath by the lawmakers during holding their office.
He said, the people will decide whether they will hold the post or their continuation in post may put on their own image.
Other law experts denied to comment in this regard. They said there are many other major issues to talk about.
The Supreme Court on Thursday released the full text of the verdict that fined Ministers Qamrul Islam and AKM Mozammel Huq Tk 50,000 each for their controversial comments about Chief Justice SK Sinha in connection with the war crimes case against Jamaat-e-Islami leader Mir Quasem Ali.
According to majority of the judges, the two Ministers violated their oath. Qamrul and Mozammel had demanded resignation of the Chief Justice for his reported remarks that ‘the prosecution is doing politics with the trial of condemned war criminal Mir Quasem Ali’. They made the demands at a roundtable discussion organised by Ekattorer Ghatak Dalal Nirmul Committee in the city on March 5.
Meanwhile, another Law expert Shahdeen Malik
 said, the Ministers have been convicted by the Supreme Court and it will be a regretful matter if they hold their posts. It will be very respectable for them if they leave their post to keep their image up. Barrister Amir-Ul Islam denied to comment in this regard so did Attorney General Mahbubey Alam.
Abdul Baset Majumder, a senior lawyer and Vice-President of Bangladesh Bar Council said, the verdict reads that they have violated their oath but it did not mention that they have violated the Constitution.
Advocate M K Rahman told the reporters that the court convicted the Ministers for their derogatory comment against the Chief Justice and the procedures of the judgment. The court convicted them for contempt of court not for violating the Constitution.
“The verdict did not mention whether they can hold their Ministerial Posts or not. So, it will be better to put the matter before their consideration whether they hold their posts or not,” he said.  
Shahdeen Malik in his reaction said, anybody convicted by the court but holding the government post especially lawmakers, is considered to have lost his post. According to this provisions the lawmakers have ultimately lost their posts. But if they denied to leave their posts, it will be their own choice. “There is no provision for anybody to hold the Constitutional posts after breaking the oath,” he mentioned.
“There is no provision in the Constitution about the punishment if anybody violated the rules of the Constitution. But it is ethical that one who holds an important Constitutional posts and violated the oath should leave the post,” he also said.
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