Writ challenging Maya’s JS membership sent to new bench

The acting chief justice has assigned a High Court bench for final hearing of a writ petition that challenged Mofazzal Hossain Chowdhury Maya's holding offices of minister and lawmaker after the Supreme Court had scrapped his acquittal in a corruption case.

Justice MA Wahhab Miah, a senior Judge of the Appellate Division who is functioning as the chief justice in absence of Surendra Kumar Sinha, has assigned the bench of Justice Syed Refaat Ahmed on Tuesday and sent the petition along with a split order to it for disposing of the plea, Deputy Attorney General Motaher Hossain Sazu told The Daily Star today.

The DAG said that Justice Syed Refaat Ahmed will now fix a date for hearing the petition.

A two-judge High Court bench on August 17 passed split orders on a writ petition challenging the legality of Maya's holding offices of minister and lawmaker with conviction in a corruption case.

Senior judge of the bench Justice Moyeenul Islam Chowdhury issued a rule asking Maya to explain in two weeks under what authority he was holding the offices after the Supreme Court had scrapped his acquittal in the case.

Junior judge of the same HC bench Justice Md Ashraful Kamal summarily rejected the petition on the ground that the Jatiya Sangsad Speaker and the Election Commission can decide any dispute in this regard as per the constitution.

The HC bench then sent the petition along with the split orders to the chief justice for a decision.

SC lawyer Eunus Ali Akond filed the writ petition with the HC on July 7 challenging the legality of Maya's holding offices of minister and lawmaker.

In the petition, he also sought HC rule upon Maya to explain under what authority he was holding the posts after the SC scrapped his acquittal in a corruption case.

The lawyer prayed to the court to direct the Awami League leader to refrain from functioning as a minister and a lawmaker until the HC disposes of the rule.

In the petition, Eunus said Maya could not serve as a minister and a parliament member as per Article 66 (2)(D) of the constitution, as he remained convicted in a graft case following the SC order.

The Anti-Corruption Commission (ACC) filed the corruption case against Maya with Sutrapur Police Station in Dhaka on June 13, 2007.

On February 14, 2008, a special court sentenced Maya to 13 years in prison and fined Tk 5 crore for amassing illegal property in the case.

In October 2010, the HC cleared the AL leader of the charges following an appeal by him.

But on June 14 this year, the apex court scrapped the HC judgment and directed it to hold further hearing, and dispose of Maya's appeal challenging the lower court verdict.