The High Court today asked under what authority Nizam Uddin Hazari, an Awami League leader in Feni, remains a parliament member even after his alleged forgery in getting early release from jail.
The court also issued a rule upon the government, the Election Commission and Nizam to explain in four weeks why Feni-2, the constituency the AL leader was elected from, should not be declared vacant.
It also ordered the inspector general of prisons and the superintendent of Chittagong jail to submit a report before it in 30 days on the tenure of serving jail sentence by Nizam in an arms case.
The HC bench of Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar came up with the rule after hearing a writ petition by Shakhawat Hossain Bhuiyan, a Jubo League leader of Feni.
Shakhawat submitted the petition earlier in the day saying that a Chittagong court on August 16, 2000 had sentenced Nizam to 10 years’ imprisonment in an arms case, but he served in the jail for only five years.
Nizam was sent to Chittagong jail after he surrendered to lower court on September 14, 2000 and he got released from jail on December 1, 2005 through fraudulence, he said.
Shakhawat stated in the petition that Nizam was supposed to serve in the jail till September 13, 2010, and then he was supposed to be qualified for contesting the parliamentary election after next five years [from September 13, 2010] as per the constitution.
According to the constitution, the petitioner said, Nizam cannot be a candidate for contesting the parliamentary election before September 2015.
Shakhawat added that Nizam had provided false information about his serving jail sentence to the EC for contesting the January 5 election to Feni-2 constituency.
He prayed to the court to declare Nizam disqualified for contesting the parliamentary polls and his holding the office as a lawmaker.