The High court on Monday gave a split judgment asking for explanation as to why Disaster Management Minister Mofazzal Hossain Chowdhury Maya, who is facing corruption charges, still remains a minister and a member of parliament.
An HC bench compromising of Justice Moinul Islam Chowdhury and Justice Ashraful Kamal passed the order.
Senior Justice Moinul Islam issued the rule asking authorities concrned to explanation in two weeks why Maya is continuing as a minister and an MP while Justice Ashraful Kamal rejected the writ petition, filed by Supreme Court lawyer Yunus Ali Akond.According to the rules, the split verdict will be sent to the Chief Justice to form a new bench for the settlement of the divided judgement.
Earlier on July 7, Yunus Ali Akond, a Supreme Court lawyer, filed the writ petition with the section concerned of the High Court.
On June 30, the lawyer sent a legal notice to Maya to explain by which authority he is still serving as a minister and MP after the Supreme Court quashed a High Court order acquitting him of graft charges.
Advocate Yunus Ali Akand sent the notice to Maya by post.
In his notice, Yunus said a convicted person cannot hold the post of a Member of Parliament or minister as per the article 66/2 (d) of the constitution.
The article stipulates: 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.’
On June 14, the Appellate Division of the Supreme Court quashed a High Court order that acquitted Maya of the graft charges.
It also asked the High Court to rehear the appeal filed by the minister with the High Court challenging a lower court judgment which had jailed him for 13 years in 2007.
In 2007, the ACC filed the case against the senior Awami League leader with Sutrapur Police Station accusing him of amassing wealth beyond the known source of income and concealing information about his wealth worth Tk 29 lakh.
On February 24, 2008, a lower court sentenced him to 13 years’ imprisonment in the case and asked the authorities concerned to confiscate his wealth worth Tk 5 crore.
Maya filed an appeal with the High Court. On October 27, 2010, the High Court cleared him of the graft charges.
Later, the ACC filed an appeal against the High Court order to the Appellate Division.- UNB
