High Court rules over legality of two MPs

The High Court on Tuesday issued rulings over the legality of holding the posts by two members of parliament (MPs).
Two MPs are Mohammad Shahid Islam Papul, an independent MP from Laxmipur-2 constituency and Harunur Rashid, a BNP lawmaker from Chapainawabganj-3 constituency.
Papul is now in jail in Kuwait on charges of money laundering, human trafficking, visa trading, and bribery and Hurun was sentenced in a criminal case last year.
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 post of member of parliament.
In another ruling the court wanted to know from the respondents as to why Harunur Rashid's tenure as a member of parliament should not be declared illegal and as to why the constituency should not be declared vacant.
The High Court bench of Justice Obaidul Hassan and Justice AKM ZahirulHqu passed the order after hearing two separate writ petitions filed in this regard challenging the legality of holding the posts by the two MPs.
Advocate Sheikh Awsafur Rahman took part in the hearing on behalf of Mohammad Shahid Islam Papul MP and Advocate Dewan MA Obyed Hossain appeared for Harunur Rashid MP.
Sheikh Awsafur Rahman said, "Abul Fayez Bhuiyan, who became an independent MP candidate of Laxmipur-2 constituency in the last parliamentary election, filed the writ petition with the High Court on August 16 as a public interest litigation challenging the legality of Mohammad Shahid Islam Papul's MP post for giving 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 have been asked to comply with the rule within four weeks.
Advocate Dewan MA Obyed Hossain said, "According to the Article 66(2) (d), 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."
"But MP Harunur Rashid of Chapainawabganj-3 constituency was sentenced to five years' imprisonment and also fined Tk 5.0 million in connection with a case filed for dodging taxes while importing a luxurious car in 2007. So he cannot hold the post of MP now," added the lawyer.
The law secretary, cabinet secretary, Parliamentary Secretariat secretary, chief election commissioner, Anti Corruption Commission chairman, Chapainawabganj deputy commissioner, Harunur Rashid MP and election commission secretary have been asked to comply with the rule within four weeks.
A Dhaka court on October 21 last year sentenced BNP lawmaker from Chapainawabganj-3 constituency Harunur Rashid to five years' imprisonment and also fined Tk 5.0 million in connection with a case filed for dodging taxes while importing a luxurious car in 2007.
Judge Shaikh Nazmul Alam of the Special Judge Court-4 of Dhaka handed down the verdict in presence of Harunur Rashid.
The copy of the judgment was sent to the secretary of the Parliamentary Secretariat. Awami League leader Md Abdul Wadud sent a legal notice on February 18 this year as the authorities did not take any decision over the issue. Finally on August 13 he filed the writ petition challenging the legality of Harunur Rashid's MP post.

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