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Monday, October 20, 2014, Kartik 5, 1421, Zilhajj 24, 1435 Hijr


Arms case: HC summons two guarantors of Nizam Hazari's bail
Observer Online Desk
Publish Date : 2014-10-20,  Publish Time : 22:09,  View Count : 25
The High Court on Monday summoned five persons including two guarantors to explain the bail given to Nizamuddin Hazari, a ruling Awami League MP from Feni-2 constituency, and his release from jail while serving jail terms in an arms case in 2006.

An HC bench comprising Justice Mirza Hossain Haider and Justice Md Ataur Rahman Khan issued the order following a time petition and as the earlier notices were not sent to the respondents properly.
 
As per the fresh court order, Nizam Hazari's lawyer MA Bashar, the then attorney general AKM Mohiuddin Chowdhury, another lawyer of Chittagong District and Session's Judge Court, and two guarantors will have to appear before the court on November 5.

The court also asked the Supreme Court's registrar to submit the case documents before it by November 5.

Besides, the High Court bench ordered the Chittagong District Magistrate to submit the list of prisoners in Chittagong Jail within the next two weeks.

Court sources said MA Bashar filed a time petition through his lawyer. On the other hand, the court was told that the summon notices did not reach others.

Earlier on September 10, the same HC bench asked the respondents to appear before it on October 19 to explain their stance.

It had also directed the SC registrar to submit the case records before it by October 19 and inspector general (prisons) to place the list of prisoners of the Chittagong Jail.

Earlier, the HC issued a rule asking Nizamuddin Hazari to explain under what authority he claims to hold the public office concealing information about his early release from jail in the arms case.

The court order came in response to a public interest litigation (PIL) writ petition. Advocate Manzil Morshed took part in the hearing in favour of the writ petition, while Advocate Nurul Islam Sujan appeared on behalf of Nizam Hazari. Assistant Attorney General Masud Hasan Rumi appeared on behalf of the state.

The High Court bench also issued rule upon the government and the Election Commission to explain why the impugned Feni-2 seat shall not be declared vacant.

Besides, the HC asked the IG (Prisons) and senior jail super of Chittagong to submit a report over Nizamuddin Hazari's jail tenure along with documents within next 30 days.

Former convener of Feni unit Jubo League Sakhawat Hossain Bhuiyan filed the writ petition enclosing a newspaper report of May 10 which said Nizamuddin Hazari was awarded 10 years' imprisonment in an arms case, but he was freed from jail two years and 10 months ahead of completing his jail term.

According to the Constitution, Nizam Hazari cannot be a candidate for contesting the parliamentary election before September 2015, said petitioner's lawyer.

AGENCIES/ZA





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