The High Court has upheld the verdict of a trial court that sentenced Haji Mohammad Salim, an independent MP from Dhaka-8 constituency, to 10 years’ imprisonment in a corruption case.
The High Court bench of Justice Md Moinul Islam Chowdhury and Justice AKM Zahirul Huq delivered the verdict on Tuesday (March 9) after rehearing on the appeal filed by Haji Salim, challenging the trial court’s verdict that sentenced him to 13 years’ imprisonment in the case.
The higher court also fined him Tk 10 lakh, in default, one more year imprisonment. The HC, however, acquitted Haji Salim of the charge of concealing information on his wealth in which he was sentenced to three years’ imprisonment
The court also asked him to surrender before the lower court within one month.
Meanwhile if Haji Salim or ACC don’t file appeal to the Appellate Division, or if the judgement is upheld in the apex court, the independent MP will lose his parliamentary (JS) seat.
Senior lawyers Abdul Baset Majumder and Sayed Ahmed Raza moved for Haji Salim in the higher court, while lawyer of Anti-Corruption Commission (ACC) Khurshid Alam Khan stood for the ACC and Deputy Attorney General Tamanna Ferdous represented the state.
The ACC filed the graft case against Haji Salim with Lalbagh Police Station in Dhaka on October 24 in 2007 for illegally amassing assets worth Tk 26.92 crore. The Special Judge's Court-7 of Dhaka convicted Haji Salim and sentenced him to 13 years imprisonment in the case on April 27 in 2008.
Haji Salim appealed against the verdict with the HC on October 25 in 2009. On January 2 in 2011, the HC acquitted Haji Salim. Then, the ACC appealed against the verdict to the Appellate Division of the Supreme Court. Responding to ACC appeal, the apex court on January 12 in 2015 scrapped the HC verdict and directed the HC to hold a rehearing of Haji Salim’s appeal and to dispose of the appeal again.
The High Court’s bench started rehearing on January 31 this year after a recent ACC move and concluded it on February 24.
Jurists said that Haji Salim is going to lose his parliamentary seat following his 10 years imprisonment. As per the Constitution, if any MP is sentenced to more than two years in light of the prevailing penal code in Bangladesh, then he will lose his seat.
According to the Article 66 (2) of the Constitution, A person shall be disqualified for election as, or for being, a member of Parliament for several reasons, such as: if a suitable court declares him an unsound mind; if he does not get rid of the liability after being declared bankrupt; he acquires the citizenship of a foreign state or declares or acknowledges allegiance to a foreign state; he was convicted of a criminal offence of moral turpitude and sentenced to at least two years in prison; if he holds any lucrative position in the Republic; if he is absent from ninety consecutive sittings without the permission of Parliament and resigns from his party in the light of much-discussed Article 70 of the Constitution or votes against that party in Parliament.
Kazi Shahid Islam Papul, another independent MP from Laxmipur-2 constituency, lost seat recently as he was jailed in Kuwait on human trafficking charges.