Mohammad Shahid Islam, also known as Kazi Papul. Photo: Collected

The High Court yesterday observed that if any court of sovereign state convicts and punishes a lawmaker of Bangladesh with imprisonment for two years or more for moral turpitude, he or she becomes disqualified to hold the office of Member of Parliament.

With this observation, the court summarily rejected a writ petition filed challenging the legality of decisions for announcing the Laxmipur-2 constituency, where Mohammad Shahid Islam also known as Kazi Papul was elected an independent lawmaker, vacant and the schedule for holding a by-election to this constituency on June 21.

A Kuwaiti court on January 28 sentenced Kazi Papul and four others to four years in jail in a bribery case.

Yesterday, the HC bench of Justice Mohammad Mozibur Rahman Miah and Justice Kamrul Hossain Mollah passed the rejection order also saying that the writ petitioners have no locus standite (quality) to move such a writ petition as they are not persons aggrieved due to the decisions, petitioners' lawyer Mustafizur Rahman Khan told The Daily Star.

He said the HC bench made the observation in line with article 66(2)(d) of the constitution of Bangladesh.

The article says, "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."

Kazi Papul's sister Nurunnahar Begum and Shahadat Hossain, a resident of Laxmipur-2 constituency and proposer for Kazi Papul's nomination, submitted the writ petition on March 15 challenging the legality of Jatiya Sangsad decision and seeking stay on the process for holding by-election scheduled to be held on June 21.

On February 22, the parliament secretariat issued a gazette notification announcing that the Laxmipur-2 constituency fell vacant because of Kazi Papul's moral turpitude.

On March 4, the Election Commission issued a schedule announcing that the by-election to this constituency will be held on April 11.

Later on, the date for holding the by-election was deferred to June 21 due to the ongoing Covid-19 pandemic. Lawyers Rokanuddin Mahmud and Mostafizur Rahman Khan appeared for the petitioners.

Citing the petition, lawyer Mustafizur Rahman Khan told The Daily Star that the speaker to Jatiya Sangsad must wait to know whether any appeal of a convicted sitting Member of Parliament is pending with any court and its result before declaring his JS membership cancelled as per articles 66 and 67 constitution and the rules of businesses of parliament.

But, the speaker of Jatiya Sangsad did not follow these provisions in respect of Kazi Papul's JS membership cancellation, he said.

Mustafizur Rahman said no court of Bangladesh has convicted and sentenced lawmaker Kazi Papul and Kuwait court, which sentenced him, has not officially informed the JS Speaker about his conviction.

A Kuwaiti court on January 28 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 Counselor Abdullah Al-Othman, also fined them 1.9 million Kuwaiti dinars.