ACC lawyer: Bodi no longer an MP

A senior ACC lawyer has said that Awami League MP Abdur Rahman Bodi, who was jailed for three years in a corruption case on November 2 and granted bail yesterday, lost his parliament membership since his conviction. Khurshid Alam Khan made the comment citing Article 66 (d) of Bangladesh Constitution during a hearing on the bail petition at the High Court bench of Justice Ruhul Kuddus yesterday. Earlier defence counsel Mahbub Ali argued that his client could be given bail as he is a lawmaker and the conviction is for a short period of three years.

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On the ACC lawyer's comment, the court said that the convict's membership in parliament was a subject to be decided by the speaker.Accepting the bail petition, the judge said that the lawmaker had not misused bail conditions during the trial period. Moreover, three years' imprisonment is the highest punishment for the offence he has committed. The court also stayed the fine of Tk10 lakh the trial court had slapped on the lawmaker alongside jail terms. According to Article 66 (d) of the constitution, a person shall be disqualified for being a member of parliament who has been “on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.”

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Two-time lawmaker from Cox's Bazar, Bodi was sent to jail on November 2 after a Special Judge's Court I Dhaka sentenced him in a case filed for concealing and deliberately providing false wealth statement to the Anti-Corruption Commission (ACC). It also slapped a Tk10 lakh fine on Bodi.

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The court, however, acquitted him from the charge of amassing wealth beyond the known sources of his income as the prosecution had failed to prove the charge. Bodi challenged the conviction with the High Court on November 10. The ACC is set to file appeals against Bodi's acquittal and the bail order today. Khurshid later told the Dhaka Tribune that the High Court had stayed the fines, not the jail sentence. “So, the convict lost his membership on the day of his conviction.”

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Upon receiving the certified copy of the trial court judgement, the parliament speaker would voluntarily ask the chief whip to take necessary measures as per the law, he explained. Earlier, Bodi served 15 days in jail in the case.

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The ACC filed the case with Ramna police on August 21, 2014, accusing the legislator of amassing wealth illegally and concealing information in his wealth statement. He was sent to jail on October 12 the same year upon surrender. The High Court granted him bail on October 27.