Kazi Mohammad Shahidul Islam Papul, an MP from Laxmipur-2 constituency arrested in Kuwait, has been sentenced to four years imprisonment and to pay fine of 10 lakh Kuwaiti dinars (Tk. 28 crore) for bribery. Foreign Ministry sources said on Thursday (January 28) night. Now the decision to have the post of Member of Parliament is in the hands of the Speaker!
After the arrest of this member of the 11th Jatiyo Sangsad in Kuwait, the question arose in various quarters that when a lawmaker commits a crime like human trafficking, how does he have a seat in the parliament?
If any member of parliament wanted to know the legal explanation of the qualification for the post of MP, the Deputy Speaker of the Parliament, Advocate Md. Fazle Rabbi Mia told Barta24.com, "If a Member of Parliament is sentenced to two years or more in a case and the sentence is moral tarpitude. And if the government or any authority informs the parliament that your MP from that constituency has been imprisoned for so many years in this case and we consider it morally wrong, then the parliament thinks about it and looks at the papers and then calls him 'Dismember' (Expelled as Member of Parliament). Parliament has no chance to take care of him before that.
On the other hand, according to Rule 172 of the Rules of Procedure, “If a member is arrested on a criminal charge or offense or is convicted by a court or detained by an executive order, the arresting or punishing or detaining authority or the judge or magistrate or executive authority as provided in the third schedule, Explain the reason for the sentence or detention and report the incident to the Speaker immediately.”
After receiving the letter in accordance with Rule 172 of the Rules of Procedure, the Speaker shall read it in Parliament as soon as possible in accordance with Rule 176 of the Rules of Procedure, or instruct it to be circulated for the information of the members if Parliament is not in session. ”
Provided, however, that "if the news of the release of a member on bail or on appeal is received before the original arrest has been notified to Parliament, the notice of similar arrest or subsequent release or release may be made without informing the Speaker."
If the Speaker is officially informed about the arrest of MP Kazi Shahid Islam Papul in Kuwait, then maybe he can inform the session of the parliament.
Supreme Court lawyer Manzil Morshed told Barta24.com, "The matter may come to the Speaker in any way. Even the speaker can take cognizance of the media report. Moreover, any citizen can also apply, the Election Commission can also, in any case, the knowledge of the Speaker really happened. This does not mean that the speaker has to inform any specific authority. It is not the spirit of the law, the spirit of the law is that if he is convicted then his MP will be dismissed and the Speaker will do that. Therefore, the speaker must be informed in any way. The Speaker can take action whenever he or she knows.”
However, the lawyer said that there is a little opportunity in this case. He said, "There is an issue when it is said that the verdict has been passed in the court. The verdict of the court will be to the satisfaction of the Speaker. It will take some time for him to be convinced." It is not necessary to just say that the verdict has been passed; the Speaker must also know the verdict. The Speaker will want to see the verdict. There are many opportunities there too. If the Speaker wants, She can know through the Ministry of Foreign Affairs, in which case it will not take any time. And if they want to give a chance, they may have to wait for 2/4/ 6 months, the verdict will come, who will send it, they have the opportunity.” He further said with legal explanation, the Speaker herself can take cognizance in the media knowingly. It really happened in the knowledge of the Speaker.
Asked if he would have to wait until the appeal, he said, "Any decision is final after the appeal. In this case there have been punishments and fines. If the fine is suspended, you will be disqualified on appeal. Not only will the fine be suspended but the sentence will also have to be suspended. And if the sentence is suspended, then he can no longer be called convicted. He cannot be sentenced until the appeal is final. If the sentence is suspended in that place, then the disqualification of the Parliament will not be considered. In that case, we will have to wait until the appeal.”
Meanwhile, when the question was raised in Parliament about MP Papul, on July 8, 2020, the Prime Minister said in Parliament, “He is an independent Member of Parliament. But he wanted a nomination to contest the election but I did not give it. I gave that seat to Jatiya Party in the election. Jatiya Party's Noman was nominated but he did not get elected. Whether he (Papul) is a citizen of Kuwait, I am talking to Kuwait, they will see. And if that happened then he would have to vacate his seat. That will be what is in the law.”
On June 7, the Kuwait Criminal Investigation Department (CID) arrested MP Kazi Papul on charges of involvement in human trafficking and money laundering. According to Kuwaiti diplomatic sources, the Kuwait Criminal Investigation Department (CID) is investigating various allegations against Kazi Shahid Islam, including human trafficking, collection of additional visa renewal fees, and bribing of Kuwaiti government officials. 11 Bangladeshi witnesses have also testified against him.
Besides, CID has seized check books of several banks in Papul. At the same time, an official from the Kuwaiti Interior Ministry filed a case against him.