​Legal notice questioning his continuing in office served on Disaster Management Minister Maya

A legal notice has been served on Disaster Management and Relief Minister Mofazzal Hossain Chowdhury Maya.

It has questioned the legal basis of his continuing as a minister and an MP after his acquittal from corruption charges was quashed in court.

Supreme Court Lawyer Yunus Ali Akhand sent the notice on Tuesday.

The notice asked Maya to reply within 24 hours under what authority he was still retaining the office of minister and that of MP.

A writ petition would be filed against him if he failed to reply within stipulated time, the notice said.

On June 14, the Supreme Court quashed the High Court order acquitting Maya of graft charges in a case filed in 2008.

Lawyer Akhand told bddnews24.com that the notice was sent to the ministry’s address through registered post.

“Any convicted person cannot continue to hold the office of an MP or the minister according to Article 66.2(D) of the Constitution,” he said.

The article deals with ‘qualification and disqualification of parliamentarian’.

“A person shall be disqualified for election as, or for being, a member of Parliament who has been, convicted 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,” it says.

The charge against Maya was that he owned illegal property worth around Tk 3 million.

On Feb 14, 2008, Awami League MP Maya was sentenced to 13 years in prison and fined Tk 50 million.

A special court also ordered confiscation of his property worth around Tk 60 million.

A High Court bench set aside the verdict on Oct 27, 2010.

But the Supreme Court later ordered fresh hearings on the case after quashing the High Court’s judgement.

The verdict from the top appeals court evoked a fresh controversy over Maya’s continuing in office.

Maya’s lawyer Abdul Baset Mazumder claimed Article 66.2(D) would not be applicable to his client since an appeal was still pending with the court.

However, petitioner Anti Corruption Commission (ACC)’s Lawyer Khurshid Alam Khan said Maya should resign.

He, however, said Parliament should decide on the matter.

The BNP also demanded resignation of Maya, who has been tight-lipped on the issue.