'Offence' same, action different

“Equality before law” is recognised by the country's constitution as one of the fundamental rights of a citizen. But the Local Government Division under the LGRD ministry seems oblivious to it.

While enforcing the Local Government (City Corporation) Act, 2009, the division has all along been strict about the elected representatives backed by the BNP and Jamaat.

But things are different for the ruling Awami League-blessed representatives. 

Yesterday, the Local Government Division suspended Mosaddek Hossain Bulbul from the mayoral post of Rajshahi City Corporation. He is charged in three cases, including that for the murder of police constable Siddhartha Sarker.

But Nur Hossain, the main accused in the sensational seven-murder case, is still the councillor of Ward 4 of Narayanganj City Corporation even after being charge-sheeted on April 8.

A local AL leader, Hossain is now in a Kolkata jail.

He could have been sacked for two other reasons. Earlier on September 30 last year, he was sentenced to one year's imprisonment by a Narayanganj court for keeping wild animals illegally.

He was absent in at least 10 general meetings of Narayanganj City Corporation. 

According to the Local Government (City Corporation) Act, 2009, any elected representative can be removed from office for skipping three consecutive general meetings without any logical ground.

As per Section 12 and 13 of the act, a mayor or councillor, if convicted or charge-sheeted in criminal cases, can be suspended.

Ghatail upazila chairman and local AL leader Nazrul Islam Khan was given one year's jail sentence by a Tangail court on March 11 for occupying and destroying forest. Later ob the same day, he was granted bail to have a chance to appeal before a higher court.

He is still in office and discharging his duties.

Shahidur Rahman Khan, Tangail Sadar municipality mayor and local AL leader, was allegedly involved in the murder of AL leader Faruk Ahmed. Two of the accused in the case in their confession statement named Shahidur.

Since November last year, he has been in hiding after taking leave in two phases -- first for three months and then for 45 days.

His leave ended on April 8.

Talking to The Daily Star, acting mayor Manobendra Paul Milton said Shahidur neither applied for further leave nor he is attending office.

According to the City Corporation Law, a mayor is entitled to three months' leave in one year. 

There is, however, one example in which action was taken against a pro-AL public representative. Jhalakati municipality chairman and local AL leader Afzal Hossain was suspended as he was charge-sheeted in an extortion case.

In more than a year, around 25 pro-opposition elected representatives have been removed from the offices of the city corporations, municipalities and upazila parishads after being convicted in various cases, including the ones for bus arson and killings. Suspension of some others is in process.

Talking to The Daily Star, local government expert Tofail Ahmed criticised the LGRD ministry's role, saying suspension of elected representatives on political consideration would lead to collapse of local government system.

People will also lose confidence in the system, he added.

Expressing frustration over the Local Government Division's double standard, Tofail said, "All are equal before law. But now law is being enforced in a selective way."

Ashok Madhav Roy, additional secretary of the Local Government Division,  claimed the ministry is doing everything following rules and regulations.

On January 7, Sylhet city mayor Ariful Huq Chowdhury was suspended after being charge-sheeted in ASM Kibria murder case. On the same ground, Habiganj municipality mayor GK Gaus was also removed from office.

The pro-opposition elected representatives, who were suspended by the Local Government Division, also include Savar municipality mayor Refat Ullah, Mirsarai upazila chairman Nurul Amin, Charghat upazila parishad chairman Abu Sayeed, Natore municipality mayor Sheikh Emdadul Huq Al Mamun, Kutubdia upazila chairman ABM Nurul Bashar Chowdhury, Gaibandha sadar upazila chairman Abdul Karim, Sundarganj municipal mayor Nurunnabi Pramanik, Sundarganj upazila chairman Majedur Rahman and vice chairman Abu Solaiman, Palashbari upazila chairman Abul Kawsar and vice-chairman Abu Taleb Sarker, Nandigram upazila chairman Nurul Islam, Sonatola upazila chairman Ahasanul Tayeb, Dupchachia upazila vice chairman Abdul Mottaleb, Sherpur upazila chairman under Bogra Dabibur Raman and vice-chairman Ariful Raman, Ukiah upazila chairman Sarwar Jahan Chowdhury and Vice-chairman Soltan Mahamud Chowdhury, Atgoria upazila chairman Jahurul Islam, Chatmohor upazila chairman Asadul Islam and Naikhangchhari upazila chairman Tofail Ahmed.

Some of them were reinstated following court orders.