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HC wants documents on Nizam Hazari's bail to examine legality

Staff Correspondent
The High Court yesterday asked for relevant documents regarding two appeals of ruling Awami League lawmaker Nizam Uddin Hazari in an arms case in order to examine whether the process of his getting bail was legal.
The Supreme Court registrar has been asked to produce before the HC by August 31 the records of the appeals challenging a lower court verdict that sentenced him to 10 years' imprisonment and seeking bail.
An HC bench passed the order during hearing a writ petition that claimed Nizam had committed forgery to get out of jail early and to contest in the January 5 polls.
Yesterday, Deputy Attorney General Al Amin Sarkar submitted a report from Chittagong jail authorities, which said the HC on May 17,2006 granted bail to Nizam after he made an appeal while serving a jail sentence.
However, writ petitioner’s counsel Manzill Murshid told the court that the HC on May 2,2001 had rejected an appeal filed by Nizam challenging his jail sentence.
Even the Appellate Division on April 27, 2002 dismissed Nizam’s appeal against the HC's rejection order and on June 26, 2004, the apex court dismissed his review petition as well, Manzill added.
Manzill argued that there is no scope for moving two appeals in a same criminal case before the HC, and Nizam cannot get bail on an appeal from as his earlier appeal was rejected by the same court.
The writ petition, filed by Jubo League leader Shakhawat Hossain Bhuiyan in June, says a Chittagong court had sentenced Nizam to 10 years' imprisonment in the arms case on August 16,2000.
He surrendered to the trial court on September 14, 2000, and was sent to Chittagong jail to serve his term.
But he had been in jail for only five years and was released on December 1, 2005, through fraudulence, it added.
Nizam was supposed to be in jail until September 13, 2010, and he, according to the law, was not supposed to be eligible to contest in the polls before September 2015, the petition added.
Nizam's lawyer Nurul Islam told the court that the original records of the two appeals filed by his client can be called for examination.
Nizam, who was elected unopposed from Feni-2 constituency in January 5 elections, is now at the centre of speculations and allegations after the murder of Phulgazi upazila chairman Ekramul Haq in Feni in May.
Following the petition, the HC bench on June 8 issued a rule asking the EC and government and Nizam to explain how Nizam was holding the office of MP.
It also ordered the prison authorities to give an explanation by August 31 on a report published in the daily Prothom Alo on May 10, which said Nizam had got out of jail two years and 10 months early.
Further hearing on the petition will be held a week after August 31.