High Court delivers divided verdict on Nizam Hazari's membership of Parliament

The High Court has passed a divided verdict on whether Awami League leader Nizam Hazari should stay on as a Member of Parliament.

A justice of the dual bench said it was illegal, while the other justice disagreed.

The verdict by Justice Md Emdadul Huq and Justice FRM Nazmul Ahasan on Tuesday comes after five deferrals.

In 2014 Phulgazi Upazila Juba League's former joint convenor Shawkat Hossain Bhuiyan filed a writ petition claiming Nizam Hazari had taken office before the mandatory five years separating his appointment from his prison sentence.

The divided decision came after the case was heard from Aug 3 to Dec 1 this year. Though Senior Justice Md Emdadul Huq announced an ‘absolute’ rule, it was rejected by the other justices.

“The case will now go to the chief justice,” defence lawyer and former law minister Shafik Ahmed told reporters. “He will then appoint another bench to settle the matter.”

Feni-2 MP Nizam Hazari has also been in trouble over his alleged links to the murder of Phulgazi Upazila Chairman Ekramul Haque.

Former Feni-2 MP Joynal Hazari has claimed that Ekram was murdered as he had revealed Hazari's efforts to conceal damaging information.

Nizam Hazari has been denying accusations by Awami League activists that he had a hand in Ekram's murder.

Ekram, also the president of Awami League’s Phulgazi unit, was killed in a daylight attack at Feni Sadar on May 20, 2014.

Armed assailants blocked his car, opened fire on the vehicle and set it ablaze, with the chairman trapped inside.

Hazari had allegedly been released jail before the completion of a sentence in an arms case and concealed that information in his affidavit to the EC.

The High Court had ordered the inspector general of prisons and the Chittagong prison authorities to submit documents on the execution of Nizam's jail sentence within 30 days.

Bangla daily 'Prothom Alo' ran a report on May 10 on the MP's release from jail before his sentence was complete. The article was submitted along with the petition.

Plaintiff's lawyer Manzill Murshid told journalists that if the report wase true, then Hazari could no longer be an MP.

According to the report, he was sentenced to 10 years in prison in an arms case but he got out two years and ten months before serving out his full term.

A Chittagong court on Aug 16, 2000 sentenced Nizam to 17 years in jail under two sections of the Arms Act.

But the Feni district Awami League chief walked out of jail on Dec 1, 2005 before serving a total of 10 years in prison.