On the verge of losing it all
Ousted from the Awami League, Gazipur Mayor Mohammad Zahangir Alam is now set to face legal action by the ruling party and is on the verge of losing his mayorship for making controversial remarks on Bangabandhu and the Liberation War.
The ruling AL has decided to take legal steps against him at a meeting of the party's central working committee on Friday night.
Party President Sheikh Hasina, at the meeting, had given directions to file a case against Zahangir, said meeting insiders.
Speaking to The Daily Star, a member of the AL central committee, wishing anonymity, said the party is going to file a case against Zahangir under section 21 of the Digital Security Act, 2018.
The section deals with punishment for making any kind of propaganda or campaign against the Liberation War, cognition of the Liberation War, the father of the nation, national anthem or national flag.
Zahangir was expelled from the AL after he spoke at a programme and made comments on Bangabandhu and the number of Liberation War martyrs in late September.
The party's central working committee made the decision after verifying Zahangir's video footage that went viral on social media.
"If any person, by means of digital medium, makes or instigates any propaganda or campaign against the Liberation War, cognition of the Liberation War, father of the nation, national anthem or national flag, the person's act shall be considered an offence," the section 21 of the law reads.
According to it, if any person commits an offence under the sub-section, he shall be punished with imprisonment for a term not exceeding 10 years, or with fine not exceeding Tk one crore, or both.
According to party sources, the AL is going to inform the LGRD ministry officially today about the party's decision.
The party may recommend the ministry remove Zahangir from the mayoral post due to his moral turpitude, according to sources.
Zahangir, who was elected on the AL ticket in June 2018, yesterday said he will submit an application requesting the AL President and Prime Minister Sheikh Hasina to review the decision.
Against this backdrop, the government is in a fix as the relevant law does not have any clear-cut directions to take action or remove a mayor who was elected with a party nomination.
"It is a new experience for us. The law does not have any explanation regarding the removal of a mayor elected with the party symbol when they have been expelled from that party," Helal Uddin Ahmed, local government senior secretary, told The Daily Star yesterday.
"Within the law [The Local Government (City Corporation) Act, 2009], for now there is no scope for removing a mayor if a party expels them.
"The law says if someone is facing criminal charges or violates any government orders, they will be suspended from their position. And the mayor will be removed from the position if allegations were proved beyond doubt."
Helal said they would look into the law more attentively and if needed will consult senior lawyers today.
REMOVAL
The AL Central Working Committee (ALCWC), the highest decision-making body of the party, made the decision to remove Zahangir, with AL President and Prime Minister Sheikh Hasina in the chair.
After the meeting, AL General Secretary Obaidul Quader said legal action might be taken against the Gazipur mayor. "We will officially communicate the party's decision on Zahangir Alam to the LGRD minister."
At the meeting, several central committee members, including party stalwarts, demanded the removal of Zahangir as mayor and legal action again him.
Hasina said she would look into the matter, meeting sources said.
Earlier, addressing the October 22 meeting of the Awami League Nomination Board for Local Body Elections, Hasina expressed anger at Zahangir's controversial remarks.
The ruling party on October 3 issued a show-cause notice to Zahangir asking him to explain within 15 days why action should not be taken against him.
In his reply, Zahangir offered an apology and said he was sorry for his comments. But the AL top leadership was not satisfied.
Zahangir, however, termed the allegations "a conspiracy against him" and blamed his political opponents for "spreading propaganda against him".
WHAT EXPERTS SAYS
Professor Tofail Ahmed, local government expert, said there is no obvious direction in the law about taking steps against a mayor elected with the party symbol.
He, however, said that the government could still take a decision against any mayor, staying within the law. "A mayor can resign from the position after understanding the situation. They can be removed from the position on the grounds of moral turpitude."
He said a mayor can be removed from their position with a "no confidence" motion.
A top local government ministry official said that according to the law, the councillors can bring a "no confidence" motion and if they get the support of two thirds of the majority, Zahangir will lose his mayorship.
The official, wishing anonymity, said the AL or any victim of Zahangir's misdeeds, if there is any, can file a case against him under the penal code.
REVIEW
Zahangir yesterday said he would submit an application requesting Prime Minister Sheikh Hasina and the AL to review his expulsion, reported our Gazipur correspondent.
"I did not commit any crime. I may have made a mistake and I apologise for that. I will request the prime minister and the party to forgive me and review the decision," Zahangir said at a press briefing in his Gazipur house.
He said that he will accept any decision of the PM, who was "like a mother to him".
"If she [Hasina] wants, I am ready to walk the gallows. Bangabandhu, Sheikh Hasina and the Awami League are a part of my life and I want to remain a supporter of the party until my death."
Zahangir alleged that a rival group has long been involved in doing him harm since his involvement in student politics. He also alleged that due to the rivalry, some people have been hatching conspiracies against him.
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