Constitution expert Dr Kamal Hossain today said the High Court may decide the legality of Awami League leader Mofazzal Hossain Chowdhury Maya’s holding the post of a minister after the Supreme Court scrapped his acquittal in a corruption case.

If the question is placed before the HC over holding the office of minister by Maya, it can give the right decision, he said while talking to reporters after attending a programme over the legal aid at Brac Centre Inn this morning.   

“No comment should be made on a sub-judice matter,” the eminent jurist said.

On June 14, the Appellate Division of the SC cancelled a HC verdict that acquitted Relief and Disaster Management Minister Mofazzal Hossain Chowdhury Maya in the case filed in 2007.

A special court on February 14, 2008, sentenced Maya 13 years in prison and Tk 5 crore in fine for amassing illegal property. Authorities concerned were also directed to confiscate Maya’s property.

Following appeal filed by Maya, the HC on February 14, 2008 acquitted him of the corruption charges. Not only this verdict was overruled but the HC was also told to go for further hearing on Maya’s appeal.

On June 30, a SC lawyer sent a legal notice to Maya, asking him to explain by 24 hours under what authority he is holding the offices after the apex court annulled his acquittal.

Eunus Ali Akond served the notice in “public interest” saying that Maya has no right to hold the posts of MP and minister of the government after the SC verdict.

He said in the notice that Maya cannot hold the office of lawmaker and minister under Article 66(2)(D) of the constitution of Bangladesh.

The article says, “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”.

Citing the article Eunus had told The Daily Star that Maya is convicted and sentenced for moral turpitude.

The lawyer today told this correspondent that he did not get any reply from Maya to his legal notice.