BNP MP Salauddin Quader Chowdhury, convicted of crimes against humanity, is set to lose his membership in parliament under the existing law.
Article 66 of the Constitution disqualifies an MP if s/he is convicted for a criminal involving moral turpitude, and sentenced to imprisonment for a term of not less than two years.
The BNP MP for Chittagong-2 constituency, awarded the death sentence and multiple prison terms, was set to lose his membership, said former Election Commissioner M Sakhawat Hossain.
When asked about the disqualification procedure, he told bdnews24.com, “The EC (Election Commission) can’t do anything about this. Parliament will make the move, and ask the EC to take the necessary initiatives.”
Speaker Shirin Sharmin Chaudhury parried the question when asked about the parliamentary membership of war crime convicts.
The present Election Commissioner, Md Jabed Ali, told reporters the commission was awaiting parliamentary directives.
“The matter is yet to be resolved. We have to wait until it reaches the final stage. We will see then,” said the commissioner, hinting at an appeal process.
Salauddin Quader’s lawyer and family said they will appeal against the verdict.
Son of Muslim League leader Fazlul Quader Chowdhury, who was Acing President and Speaker of Pakistan, the maverick politician is representing his Fatikchharhi-2 constituency in Parliament for the sixth time.
He was minister during his time with Jatiya Party and prime ministerial advisor during BNP’s 2001-6 term in power.
The Election Commission had requested the Speaker before the 2008 elections to strip Salauddin Qauder of parliament membership for providing false information about his educational qualifications, but that did not go through.
“We decided to empty his seat,” said Sakhawat, an Election Commissioner at the time. “We had informed the Speaker, but that could not happen due to legal constraints.”
The EC’s gazette for emptying a seat follows an order from election tribunal or court, he said. The Election Commission had released a gazette announcing Bhola and Tangail constituencies empty in the ninth Parliament. Home Minister Muhiuddin Khan Alamgir’s seat was also announced vacant but that the EC could not move further after the court intervened.
“The Representation of the People Order (RPO) allows the Election Commission to take measures if Parliament chooses not to. The EC can tell the Parliament about this.”
According to the Rules of Procedure of Parliament, the Speaker will write to the Election Commission asking if an individual can be disqualified as MP under Article 66 of the Constitution. The MP will not be able to continue if the EC decides he or she is not eligible.
The next step includes the Parliament Secretariat issuing a gazette notification asking the EC to take measures for filling up the vacant seat.
The Speaker then informs the matter to Parliament, which if not in session then, must be informed as soon as it convenes.
The current Parliament runs its term on Jan 24, and the Constitution stipulates election three months before that, so if Salauddin Quader’s seat falls vacant there is no chance to arrange a by-election.
A bill to amend the RPO so that the electoral laws disallow individuals convicted under the Collaborators Act from contesting polls has been tabled in the ongoing session.
If the Appellate Division does not overturn Salauddin Quader’s convision, the BNP leader cannot run in the next election as well.
Source: Bd news24
IT IS HIGH TIME POLITICALLY MOTIVATED CORRUPT & PROVEN CRIMINAL BENGALI DOMESTIC (NOT INTERNATIONAL) KANGAROO COURT IS ROUNDED UP
From Dhaka Professor Jebun Nisa Nuri and Advocate Fatima Begum Pholjhori:02.X.13
Attorney General Mr Mahboob-e-Alam said about the VERDICT GATE SCANDAL, “it was “KALPONIC” imaginary and totally false. And it was out of question that International War Crime Tribunal’s verdict could be revealed/leaked out in advance”. But his ministry & the Tribunal itself confessed that there was a leak and the leak documents content is similar to the verdict that the judges readout in the tribunal following day. After the revelation of is second VERDICT-GATE SCANDAL following the now notorious criminal & conspiratorial SKYPE-GATE scandal the image of both the judiciary & the ICT, manned A-Z by incompetent, poorly educated & trained party sycophants who even lack the knowledge to write the verdict in correct English have been damaged irreparably. (1)
For justice’s sake it is imperative, therefore, that this scandalous circus is rounded up forthwith & a fresh court is constituted that would be composed of non-partisan well trained, professional lawyers, expert in the field and with full international participation to try the real and all War criminals so that relatives of both the victims of war crimes, the accused themselves & their relatives get justice that they deserve. Most of the international lawyers, renowned worldwide for their knowledge & experience in the field like Lord Carlyle who want justice to be done, seen to be done and under no circumstances human rights are violated by any pretext have recommended this course but an arrogant abusive Hasina government has paid no heed. These lawyers want to see a retrial of the accused because majority of the people of Bangladesh itself have no trust & confidence in the current set up that is in a hurry to expedite the whole process before the expiry of the current government’s tenure. This is not just either. Justice cannot be done in a hurry. (2)