HC bench assigned for MP Nizam Hazari’s legality hearing

The chief justice has assigned a High Court bench for final hearing and disposing of a writ petition that challenged the legality of holding Jatiya Sangsad membership by Nizam Uddin Hazari, an Awami League leader in Feni.

The bench of Justice Soumendra Sarker will now fix a date for hearing the petition, as a two-judge HC bench has earlier delivered a split verdict on the same writ petition, Advocate Satya Ranjan Mondal, a lawyer for the writ petitioner, told The Daily Star today.

He said Chief Justice Surendra Kumar Sinha recently assigned the bench of Justice Soumendra Sarker after receiving the petition along with the split verdict given by the bench of Justice Md Emdadul Huq and Justice FRM Nazmul Ahasan.

On December 6 last year, Justice Md Emdadul Huq said in his part of the judgement that Nizam Uddin Hazari cannot hold the office of parliament member as per Article 66 (2)(D) of the constitution as he is convicted in an arms case.

Meanwhile, Justice FRM Nazmul Ahasan said the writ petition is not acceptable, as there is a question of disputed fact regarding serving jail by Nizam Uddin 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 office as a lawmaker because of his alleged forgery in getting early release from jail in a criminal case.

Quoting a newspaper report, Shakhawat in his petition said Nizam provided false information about serving his jail term to the Election Commission, he added.

The HC issued a rule the same day asking the government and the Election Commission to explain why the ruling Awami League leader Nizam Uddin Hazari's parliament seat should not be declared vacant.