Another HC judge embarrassed to hear plea

Another High Court judge yesterday felt embarrassed to hear a writ petition that challenged the legality of Jatiya Sangsad membership of ruling Awami League leader Nizam Uddin Hazari.

Justice Abu Taher Md Saifur Rahman felt embarrassed during the fourth day’s hearing of the petition, Advocate Satya Ronjon Mondal told The Daily Star.

He said the judge [Justice Abu Taher] did not disclose the reasons behind feeling embarrassed.

Justice Abu Taher will now send the petition to Justice Wahhab Mia, who is performing duties as the chief justice, for a decision on the petition.

After receiving the petition, Justice Wahhab Miah will assign another bench for hearing and disposal of the petition which is almost four-year-old now, said Advocate Satya Ronjon, adding that earlier four benches of the HC refused to hear the same petition after a two-judge bench on December 6, 2016 delivered a split verdict on it.

On December 6, 2016, Justice Md Emdadul Huq, senior judge of the bench, in his part of the judgment, said Hazari cannot hold a parliamentary seat as per Article 66 (2) (D) of the constitution as he is convicted in an arms case.

Meanwhile, his (Justice Emdadul) colleague Justice FRM Nazmul Ahasan said the writ petition is not acceptable as there is a question of disputed fact regarding serving a jail sentence by Hazari in the case.

Shakhawat Hossain Bhuiyan, a Jubo League leader of Feni, filed the petition as public interest litigation with the HC on June 8, 2014 praying to the court to declare Nizam disqualified for contesting the parliamentary polls and holding the parliamentary seat because of his alleged forgery in getting early release from jail.