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Nizam Hazari's Bail

HC asks for all documents

Staff Correspondent
The High Court yesterday summoned the lawyers and bail grantors of ruling Awami League lawmaker
Nizam Uddin Hazari to appear before it on October 19 to explain whether the process of his getting bail in an arms case was legal.
During the hearing of a writ petition, the HC also ordered the Supreme Court registrar to produce before it on October 19 the documents on which Nizam got bail from the HC in 2006.
MA Bashar, who appeared for Nizam before the HC in 2006, AKM Mohiuddin Chowdhury, the then assistant attorney general, his lower court's lawyer and two bail grantors have to appear before the HC on October 19 to clarify their positions in dealing with his appeal of bail, writ petitioner's lawyer Manzill Murshid told The Daily Star.
He said there is confusion about the authenticity of the order of Nizam's bail.
The bench of Justice Mirza Hussain Haider and lustice Md Ataur Rahman Khan came up with the order while hearing arguments on the writ petition that claimed Nizam had committed forgery to get out of jail early and to contest the January 5 polls.
On luly 16 this year, Chittagong jail authorities submitted a report to the HC, saying this court on May 17, 2006 granted bail to Nizam after he made an
appeal while serving a jail sentence.
However, Manzill Murshid argued 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, he 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 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 the polls before September 2015, the petition added.