The High Court has rejected a writ petition filed challenging legality of cancelling the MP post of Shahid Islam Papul, who was elected MP from Lakshmipur-2 constituency, and the decision for announcing the schedule to hold by-election to the constituency.
The virtual HC bench of Justice Md Mojibur Rahman Mia and Justice Md Kamrul Hossain Mollah issued the order on Tuesday after hearing the writ petition.
The court in its observation said that if any court of any country convicts and sentences a lawmaker of Bangladesh for two years or more in prison for immorality, he/she becomes disqualified to hold the office. The HC bench also said that the writ petitioners have no locus standi to move such a petition, as they are not persons aggrieved due to the decisions.
Papul’s sister Nurunnahar Begum and Shahadat Hossain, a resident of Lakshmipur-2 constituency and proposer for Papul’s nomination, submitted the writ petition on behalf of the convicted MP on March 15.
Barrister Rokon Uddin Mahmud and Barrister Mostafizur Rahman Khan moved the court on behalf of the writ petitioners, while Deputy Attorney General Barrister Nowroz Md Rasel Chowdhury represented the state.
Shahid Islam Papul was elected an independent MP from Lakshmipur-2 constituency in the 11th Parliamentary elections held in 2018. A Kuwaiti court on January 28 this year sentenced him and several others to four years in jail in a case filed over human trafficking, residency visa trading and money laundering.
On June 6 last year, Papul was arrested in Kuwait. On August 16, Abul Fayez Bhuiyan, an independent candidate from the Laxmipur-2 constituency, filed a writ petition challenging the legality of Papul’s MP post as he had been accused of providing fake documents and submitting fake education certificates.
On February 22 this year, the Parliament Secretariat issued a gazette notification declaring that the Laxmipur-2 constituency (Parliamentary Seat-275) fell vacant on January 28, the date of Kuwait court’s sentence against Papul. Later, June 21 was fixed as the polling date for electing a new MP from the constituency.
According to the gazette, Papul is ineligible to remain an MP under Article 66 (2) of the Constitution as he was sentenced by the Kuwaiti criminal court to four-year rigorous imprisonment. His seat has remained vacant since the date of the court’s sentence according to Article 67 (1) of the Constitution.
According to the Constitution, ‘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.’
Papul is now in Kuwait jail. This is the first time in the history of Bangladesh since the independence that a Member of Parliament has lost his post after being arrested abroad and convicted of a criminal offence.
