Staff Reporter :
Question has been raised over the legality of Mohammad Shahid Islam Papul as Member of the Parliament from Laxmipur-2 Constituency after his conviction by a Kuwaiti court.
Law Minister Anisul Huq said that they would review it after getting the copy of the verdict and they are trying for it.
The Minister said, “As per our Constitution if anyone is convicted for a criminal offence for a term of not less than two years he/she shall be disqualified for the MP post. But before taking any action against him we have to get the copy of the verdict delivered against him. We are trying to collect the copy.”
According to the Article 66(2) of the Constitution, “A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.”
Supreme Court lawyer Khurshid Alam Khan said that an explanation is needed by the concern bodies over the concerned Article of the Constitution before taking any decision holding the MP post by Mohammad Shahid Islam Papul.
As there is no specific statement in the article as to what will be the situation if anyone is convicted by a court beyond of the country, added the lawyer.
Meanwhile, the High Court on August 18 in 2020, five months before the conviction, issued ruling over the legality of Mohammad Shahid Islam Papul as Member of Parliament from Laxmipur-2 Constituency.
In a ruling, the court wanted to know from the respondents as to why Laxmipur-2 Constituency should not be declared vacant by expelling Mohammad Shahid Islam Papul from the Parliament.
The High Court Bench of Justice Obaidul Hassan and Justice AKM Zahirul Huq passed the order after hearing a writ petition filed in this regard.
Abul Fayez Bhuiyan, a resident of Laxmipur, filed the writ petition on August 16 in 2020 challenging the legality of Papul’s Parliament membership for furnishing false information in his election affidavit and submitting fake educational qualification certificate.
Speaker of the Parliament, Chief Election Commissioner, Secretary of the Election Commission, Secretary of the Parliament Secretariat, Deputy Commissioner of Laxmipur, and Mohammad Shahid Islam Papul MP had been asked to comply with the rule within four weeks.
A Kuwaiti court on Thursday sentenced Bangladeshi lawmaker Mohammad Shahid Islam alias Kazi Papul and four others to four years in jail in a bribery case.
Issuing the judgment, the court, headed by Counsellor Abdullah Al-Othman, also fined them 19 lakh Kuwaiti dinars. The other convicts are Kuwait’s Interior Ministry’s Assistant Under-Secretary Major General Mazen Al-Jarrah, and Nawaf Al-Mutairi, Hassan Al-Khader and one Bangladeshi named Mohammad Rashidul Islam, report Kuwaiti newspaper Alqabas and other sources.
The criminal court also ordered the deportation of Rashidul Islam after jail terms.
Kuwaiti MP Saadoun Hammad and former MP Salah Khorshid, and three Bangladeshis-Mahbub, Sheikh Masum and Anowar Molla-who were also accused in the case for bribery, were acquitted.
Papul is also an accused in two other cases on charges of human trafficking and money laundering.
Question has been raised over the legality of Mohammad Shahid Islam Papul as Member of the Parliament from Laxmipur-2 Constituency after his conviction by a Kuwaiti court.
Law Minister Anisul Huq said that they would review it after getting the copy of the verdict and they are trying for it.
The Minister said, “As per our Constitution if anyone is convicted for a criminal offence for a term of not less than two years he/she shall be disqualified for the MP post. But before taking any action against him we have to get the copy of the verdict delivered against him. We are trying to collect the copy.”
According to the Article 66(2) of the Constitution, “A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.”
Supreme Court lawyer Khurshid Alam Khan said that an explanation is needed by the concern bodies over the concerned Article of the Constitution before taking any decision holding the MP post by Mohammad Shahid Islam Papul.
As there is no specific statement in the article as to what will be the situation if anyone is convicted by a court beyond of the country, added the lawyer.
Meanwhile, the High Court on August 18 in 2020, five months before the conviction, issued ruling over the legality of Mohammad Shahid Islam Papul as Member of Parliament from Laxmipur-2 Constituency.
In a ruling, the court wanted to know from the respondents as to why Laxmipur-2 Constituency should not be declared vacant by expelling Mohammad Shahid Islam Papul from the Parliament.
The High Court Bench of Justice Obaidul Hassan and Justice AKM Zahirul Huq passed the order after hearing a writ petition filed in this regard.
Abul Fayez Bhuiyan, a resident of Laxmipur, filed the writ petition on August 16 in 2020 challenging the legality of Papul’s Parliament membership for furnishing false information in his election affidavit and submitting fake educational qualification certificate.
Speaker of the Parliament, Chief Election Commissioner, Secretary of the Election Commission, Secretary of the Parliament Secretariat, Deputy Commissioner of Laxmipur, and Mohammad Shahid Islam Papul MP had been asked to comply with the rule within four weeks.
A Kuwaiti court on Thursday sentenced Bangladeshi lawmaker Mohammad Shahid Islam alias Kazi Papul and four others to four years in jail in a bribery case.
Issuing the judgment, the court, headed by Counsellor Abdullah Al-Othman, also fined them 19 lakh Kuwaiti dinars. The other convicts are Kuwait’s Interior Ministry’s Assistant Under-Secretary Major General Mazen Al-Jarrah, and Nawaf Al-Mutairi, Hassan Al-Khader and one Bangladeshi named Mohammad Rashidul Islam, report Kuwaiti newspaper Alqabas and other sources.
The criminal court also ordered the deportation of Rashidul Islam after jail terms.
Kuwaiti MP Saadoun Hammad and former MP Salah Khorshid, and three Bangladeshis-Mahbub, Sheikh Masum and Anowar Molla-who were also accused in the case for bribery, were acquitted.
Papul is also an accused in two other cases on charges of human trafficking and money laundering.
