Expelled by the party that nominated him and now arrested in a criminal case over the alleged abetment of his second wife’s suicide, Gazi Nazrul Islam nevertheless remains the MP for Satkhira-4, exposing an unusual constitutional question over what could actually cost him his seat.
Police on Monday showed Nazrul arrested in the case filed following the death of his 19-year-old second wife, Mariam Khatun, and the lawmaker was subsequently placed on four days’ remand. His first wife, Maksuda Islam, was also arrested and remanded for one day.
Police have also begun the necessary procedure to inform the Speaker of Nazrul’s arrest.
The criminal proceedings have brought renewed attention to Nazrul’s parliamentary status, already under question since Bangladesh Jamaat-e-Islami expelled him in July following an organisational investigation into a separate controversy.
But under the Constitution, neither expulsion from a political party nor being arrested in a criminal case automatically strips a lawmaker of his seat.
Article 70 says an MP elected on a political party’s nomination vacates the seat if the member resigns from that party or votes in Parliament against it. The provision does not expressly list expulsion by the party as a ground for losing the seat.
That distinction has become central to Nazrul’s case: he did not resign from Jamaat; Jamaat expelled him.
His arrest also does not in itself trigger the constitutional provisions for losing parliamentary membership.
Article 67 provides that an MP's seat becomes vacant, among other circumstances, if the member incurs a disqualification under Article 66(2) or in circumstances specified in Article 70.
Article 66 deals with qualifications and disqualifications for membership, including certain circumstances involving conviction for a criminal offence.
As a result, the criminal allegation Nazrul now faces and the question of whether he can continue as an MP remain legally distinct issues.
Mariam’s father, SM Masum Billah, filed the case with Sher-e-Bangla Nagar police station against Nazrul, Maksuda and Mariam’s maternal uncle Obaidur Rahman, accusing them of abetting her suicide.
Police recovered Mariam’s hanging body from the NAM Bhaban flat used by Nazrul on Sunday evening.
The case remains under investigation and the allegations have not been proven in court.
Nazrul’s parliamentary status first came under scrutiny in July after video clips showing him with Mariam circulated on social media.
Nazrul subsequently identified Mariam as his second wife. Jamaat conducted an organisational investigation and expelled him on July 22, saying it had found evidence of “moral misconduct”.
The party subsequently informed the Speaker and the Election Commission and sought action over his parliamentary membership.
However, a finding by a political party is separate from the constitutional grounds for disqualification under Article 66.
The Constitution also provides a mechanism for resolving a dispute over an MP's status.
Under Article 66(4), if a dispute arises over whether a lawmaker has incurred a disqualification under Article 66(2), or whether the seat should be vacated under Article 70, the dispute is to be referred to the Election Commission for determination. The commission’s decision on such a reference is final.
The Election Commission has yet to receive such a referral from the National Parliament Secretariat.
EC Senior Secretary Akhtar Ahmed said Monday that although Jamaat had earlier informed the commission about Nazrul’s expulsion, the EC had not received a letter from the Speaker concerning his parliamentary status.
He said the commission would act if and when the matter was formally referred to it.
Nazrul therefore enters the latest criminal proceedings in an unusual position: expelled from the political party on whose nomination he won Satkhira-4 and arrested in connection with his second wife’s death, but still constitutionally holding his parliamentary seat unless and until the relevant legal process determines otherwise.
