Confusion reigns over Salim’s JS fate

Haji Mohammad Salim. File photo

The recent High Court verdict upholding 10 years' imprisonment for Haji Md Salim has sparked a debate over his parliamentary membership and the careers of several other convicted politicians, whose appeals are still pending with this court and the Appellate Division.

On March 9, an HC bench affirmed a lower court's verdict that convicted and sentenced the ruling Awami League lawmaker to 10 years in prison in a corruption case filed by the Anti-Corruption Commission during the rule of military-backed caretaker regime in 2007.

Following the announcement of the judgment, ACC lawyer Khurshid Alam Khan told The Daily Star that Salim could no longer remain an MP as per Article 66(2)(d) of the constitution.

According to 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."

This applies to sentences by any court, Khurshid said, adding that the Jatiya Sangsad Speaker can take necessary steps to cancel the parliament membership of Haji Salim following the HC verdict.

This provision means someone like Salim, who was initially sentenced to 13 years in prison on two charges -- 10 years for graft and three more years for concealing information -- in 2008, would not be able to contest parliamentary elections or hold the office of a member of parliament until five years after serving his jail sentence.

The HC bench on March 9 acquitted him of the charge of concealing information.

Haji Salim's lawyer Sayed Ahmed Raza, however, said his client would move an appeal before the Appellate Division of the Supreme Court, challenging the HC verdict.

"My client's parliamentary membership will stay as the issue will be finally settled by the Appellate Division of the Supreme Court," he said.

Eminent legal expert Dr Shahdeen Malik told this correspondent that there is no judgment yet clarifying which court's verdict -- that of the trial court, the appeal court (HC), or the final court (Appellate Division) -- should be considered for cancelling the Jatiya Sangsad membership of a convicted lawmaker.

However, it is normal practice in the country that parliamentary membership of a person does not get scrapped until the issue of his or her conviction is settled by the apex court, he said.

Shahdeen Malik said Haji Salim continued being a lawmaker after the lower court handed him 13 years' imprisonment in 2008, as his appeal against the judgement remained pending with the HC.

Awami League leaders MK Alamgir and Mofazzal Hossain Chowdhury Maya were also convicted by lower courts, but their parliamentary memberships were not cancelled as their appeals are pending with the appeals court, he added.

Meanwhile, ACC counsel Khurshid Alam Khan told this correspondent that only eight appeals, including that of Haji Salim, out of 27 have been disposed of by the HC in around six years after the apex court overturned acquittals of the accused in corruption cases filed during the rule of the military-backed caretaker regime.

Between January 2014 and June 2015, the Appellate Division had scrapped the HC acquittals of 35 people, mostly politicians and their family members, and ordered the HC to expeditiously hold re-hearings of their appeals against convictions handed down by the lower courts.

Among them, former AL Relief and Disaster Management Minister Mofazzal Hossain Chowdhury Maya and former BNP lawmaker Monjurul Ahsan Munshi were acquitted by the HC on rehearing of their appeals.

Former BNP lawmaker Hafiz Ibrahim's three years' imprisonment was upheld by the HC on rehearing his appeal and he has already served his jail sentence.

Hafiz Ibrahim's lawyer Sabbir Hamza Chowdhury told The Daily Star that his client had been declared qualified for contesting the last parliamentary election.

In November 2017, the HC commuted jail terms for former BNP minister Nazmul Huda from seven to four years and ruled that his wife Sigma Huda's three years' jail sentence would be considered as served out because she had earlier served time in this case.

The HC upheld a lower court verdict that sentenced BNP leader and former state minister for civil aviation Mir Mohammad Nasiruddin to 13 years and his son Mir Helal Uddin to three years in jail.

Nazmul Huda, Mir Nasir, and Mir Helal are now on bail granted by the apex court as they surrendered to the trial court in line with the HC verdicts.

The other accused whose acquittals were cancelled by the top court include former BNP state minister Amanullah Aman and his wife Sabera Aman, former AL lawmaker Joynal Abedin Hazari, Hafiz Ibrahim's wife Mafruza Sultana, former AL lawmaker Mockbul Hossain (now deceased) and his wife Fatema Tahera Khanam, former commissioner of customs Jahurul Haque and his wife Afia Haque, and former Islami Oikya Jote lawmaker Mufti Shahidul Islam (now deceased), according to ACC lawyer Khurshid.