Staff Reporter :
The Appellate Division of the Supreme Court on Thursday cleared the way for holding the by-election to Laxmipur-2 constituency on June 21.
The apex court upheld a High Court order that rejected a writ petition seeking cancellation of the parliament secretariat decision scrapping the parliament membership of Mohammad Shahid Islam Papul, who was an independent lawmaker from Laxmipur-2 constituency, on grounds of moral turpitude.
A six-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order after holding hearing on a petition filed by the writ petitioners against the High Court order.
Meanwhile, another petition filed against a High Court order rejecting another writ petition that sought stay on the by election schedule in the Laxmipur-2 constituency. The court passed ‘no order’ upon hearing the petition.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah on June 8 this year rejected the writ petition which was filed by Papul’s sister Nurunnahar Begum and another one challenging the legality of the notification of the parliament secretariat.
Later the writ petitioners filed appeal petition against the High Court order and the apex court on Thursday upheld the High Court order.
Meanwhile, another writ petition was filed by Abul Khair Bhuiyan who was a BNP nominated candidate in the constituency during 11th parliamentary election seeking HC directives to stay the by-election schedule in the seat. The High Court rejected the petition on June 14 this year after holding hearing on the petition.
Abul Khair Bhuiyan also filed a petition against the High Court order. Upon hearing the petition the apex court on Thursday passed ‘no order’ on his petition.
Barrister Rokanuddin Mahmud and Barrister Mustafizur Rahman Khan appeared in the court on behalf of Papul’s sister Nurunnahar Begum and another one and Attorney General AM Amin Uddin represented the state. Barrister Mahbub Uddin Khokan and Barrister Sanjid Siddique appeared for Abul Khair Bhuiyan.
The seat of independent lawmaker Shahid Islam Papul was vacated on February 22 this year on grounds of moral turpitude. The parliament secretariat issued a gazette notification to this end following a meeting between Speaker Shirin Sharmin and top officials of the secretariat.
The gazette has been in effect from January 28, 2021, the day Kazi Papul, lawmaker from Laxmipur-2, was sentenced to four years of rigorous imprisonment by a Kuwaiti court for human trafficking and bribing Kuwaiti officials.
Papul was arrested in Kuwait on 6 June last year on charges of human trafficking and money laundering. He later admitted to being engaged in these activities, and also acknowledged involvement in illegal visa trading and bribery of Kuwaiti officials.
Following the allegation a Kuwaiti court on January 28 this year sentenced Papul and four others to four years in jail in the case.
In the gazette regarding Papul’s vacated seat, it was mentioned that, as per articles 66 and 67 of the constitution, a member of parliament shall vacate their seat if they are convicted for a criminal offence involving moral turpitude “by a competent court” and is sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release.
