No obstacle for Sarwar Alamgir to serve as MP: Appellate Division

On Wednesday (29th July), a four-member bench of the Appellate Division led by Chief Justice Zubayer Rahman Chowdhury issued this order.

After the court order, the Attorney General said, as the Appellate Division removed the application from the list, there is no longer any legal obstacle for Sarwar Alamgir to serve as a member of parliament.

On the day, a hearing was held on the application seeking a stay on the High Court's verdict declaring Sarwar Alamgir's nomination valid. At the same time, the petitioner, Jamaat-e-Islami candidate Muhammad Nurul Amin, also applied to prevent Sarwar from participating in parliamentary sessions.

After the hearing, the Appellate Division removed the application from the list. The court said the petitioner can file a regular appeal if he wishes.

Sarwar Alamgir was the BNP candidate for the Chattogram-2 constituency in the 13th national parliamentary election held on 12th February. When the Election Commission canceled his nomination, he filed a writ petition with the High Court. Later, the High Court declared the cancellation illegal, and on 9th July, the Election Commission gazetted him as the elected MP for that constituency. The same day, he took oath as an MP.

Thereafter, against the High Court verdict, Jamaat-e-Islami candidate Muhammad Nurul Amin appealed to the Chamber Judge of the Appellate Division. Later, the matter came up for hearing before the regular bench. After consecutive hearings, the Appellate Division gave the current order on Wednesday.

In court, senior lawyer Mohammad Shishir Manir argued for the Jamaat candidate. He was accompanied by lawyer Azim Uddin Patwari. For Sarwar Alamgir, senior lawyers Ahsanul Karim and A M Mahbub Uddin Khokon argued. The state side was represented by Attorney General Barrister Md. Ruhul Quddus Kazal.