June 18, 2021

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The writ challenged the validity of the cancellation of Papul’s MP post

Former MP from Laxmipur-2 constituency Mohammad Kazi Shahid Islam Papul, who was jailed in Kuwait, has filed a writ petition in the High Court challenging the validity of his candidature.

Yesterday, Monday, Justice. Mojibur Rahman Mia and Justice. The High Court bench of Kamrul Hossain Mollah fixed Tuesday for the order after the hearing. Papul’s sister Nurunnahar Begum filed the writ petition in March. The by-election in that seat will be held on June 21. In this situation, the writ petition was heard in the High Court.

Shahid Islam Papul, a Member of Parliament elected from Laxmipur-2 constituency, canceled his membership and declared the seat vacant. A writ petition was filed last March challenging the validity of this gazette.

Barrister Mostafizur Rahman Khan, counsel for the writ petitioner, told Kaler Kanth that the writ petition was filed on five grounds. One of them is Articles 6 and 7 of the Constitution, Articles 192 and 197 of the Rules of Procedure of the Jatiya Sangsad and the Third Schedule.

“According to the law, we have to inform the speaker of the national parliament about the verdict from the Kuwaiti court,” he said. As far as we know, the court in Kuwait did not inform anything about Papul. And the court mentioned in our constitution is the court of Bangladesh. Not foreign courts. In addition, the legal process to be followed to cancel the membership of a Member of Parliament is not done here. Various arguments, precedents and laws have been put forward in these hearings.

During the hearing, the state side said that the post of Member of Parliament of 8 (2) (d) of the Constitution has been canceled for the crime of moral turpitude. The constitution has spoken of the court’s verdict. It has not been said that it will not be canceled if convicted in a foreign court. And the person who has filed this writ has no jurisdiction to file the writ. In this case, he is not a victim. So this writ petition is not admissible.

On June 8 last year, Kuwait’s Criminal Investigation Department (CID) arrested Papul in Kuwait. Since then, Papul has been imprisoned in Kuwait. On January 28, a Kuwaiti court sentenced Papul to four years in prison. After receiving a copy of the verdict, Papul’s seat was declared vacant.