SC upholds rejection of Latif’s writ against EC hearing on his JS membership

The Appellate Division of the Supreme Court yesterday upheld the High Court order that rejected a writ petition filed by former Posts, Telecommunications and ICT Minister Abdul Latif Siddique challenging the legality of the Election Commission (EC) hearing on his parliament membership.
There is no legal bar for the Election Commission to hold a hearing on the dispute over the cancellation of the parliament membership of sacked minister Abdul Latif Siddique following the apex court order, concerned lawyer opined.However, after appearing in the hearing before the Election Commission on the issue, the former post and telecommunications minister said that he would resign from the Jatiya Sangsad.
The former minister expressed his desires to reporters after coming out from the hearing in the Election Commission regarding cancellation of his parliament membership.
After hearing an appeal filed by Latif against the HC order, the four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed ‘no order’, which means that the apex court upheld the High Court order rejecting writ petition of Latif.
Latif Siddique, in his writ petition, had challenged the jurisdiction of the Election Commission (EC) to carry out a hearing on the legitimacy of his parliament membership.
Earlier on August 20, the HC bench comprising Justice Md Emdadul Haque and Justice Muhammad Khurshid Alam Sarkar rejected the writ petition filed by Latif seeking its directive on the EC’s so that he need not to attend the EC’s hearing on his parliament membership.
Soon after the HC order, Siddique filed an appeal with the Supreme Court for staying the operation of the HC order. But, the apex court yesterday upheld the HC order over the issue.
Latif had filed the petition with the HC on August 16 challenging the EC’s August 9 notice which fixed August 23 for hearing the dispute over his parliament membership.
Latif was sacked as the posts and telecommunication minister on October 12 last year for his ‘derogatory’ comments on Hajj, Tablighi Jamaat, and prime minister’s son Sajeeb Wazed Joy at a New York programme on September 28.
On October 24, the ruling Awami League cancelled his party membership.
Latif came in the country from abroad and surrender to police in last November. He also spent several months in jail after he was accused of ‘hurting religious sentiments’ in a number of cases.
He was released on bail in June this year after the High Court granted him bail.
On July 5, eight months after his expulsion from the party, Awami League’s letter notifying Parliament of Siddique’s ouster from the party reached Speaker Shirin Sharmin Choudhury. After that, the EC was asked to decide on his parliament membership.
Barrister Jyotirmoy Barua appeared for Latif while attorney general Mahbubey Alam represented the state. – Staff Reporter