A declaration suit has been lodged against Jatiya Party Chairman HM Ershad and four others seeking cancellation of Ershad’s parliamentary membership for not complying with the Election Commission's criteria.
Jatiya Samajtantrik Dal leader Sabbir Ahmed, a candidate from Rangpur 3 constituency during the 10th parliamentary election, filed the suit with Dhaka's First Joint District Judge's Court of Md Sahadat Hossain on Sunday.
The other defendants in the case are the chief election commissioner, chairman of Dhaka Secondary and Higher Secondary Education Board, Dhaka University registrar, and chairman of the Anti-Corruption Commission.
Accepting the suit, the court issued a summons notice against the five and asked them to explain their stance by March 25, said Abdur Rashid, an assistant bench officer of the court, to the Dhaka Tribune.
The plaintiff claimed the former military dictator had given false information about his educational certificates (HSC and BA) in the affidavit submitted to the EC.
Sabbir also demanded the money laundering case filed in 1995 against Ershad be resumed. The JaPa chief was relieved from the charge in the final report submitted in 2001.
According to the case statement, plaintiff Sabbir alleged the JaPa chief had registered a General Dairy with the Cantonment police on November 19, 2008, which said Ershad lost all of his original certificates, from SSC to graduation, on December 12, 1990 – the day the “fallen military ruler” was arrested.
The case says Ershad, in the GD, did not mention the name of the college from which he had passed the HSC and BA (pass), roll number, registration number, passing year, and education board.
The plaintiff said he had searched for Ershad's academic records with the Dhaka board and the DU, but in vain. He mentioned that Ershad had not even collected duplicate copies of his missing certificates.
“He was admitted to Carmichael College in Rangpur but left the college before passing the HSC exams,” the plaintiff quoted a report of Daily Observer, dated September 13, 2014. The following day however, the newspaper published a clarification mentioning that Ershad later joined a college in Dhaka and passed HSC.
The plaintiff alleged Ershad gave false information in his election affidavit and hid the real information. So his membership should be cancelled according to the Election Commission laws and Sabbir's name should be published in the gazette as winner as he is the nearest candidate.
Sabbir sought for passage of a decree directing Ershad, the chairman of the Dhaka education board, and the DU registrar to produce proof of the JaPa chief's academic certificates.
'Resume corruption case'
The plaintiff also sought passing a decree upon the ACC chairman to resume the case filed against Ershad with Tejgaon police in 1995 for laundering $105 million abroad through the BCI Bank.
Sabbir demanded the case be reinvestigated.
The plaintiff also mentioned that Ershad had concealed information about his transferring $700,000 from Union National Bank CBD of Abu Dhabi to Natwest Bank London on May 22, 2001, into the account of his former wife Bidisha.
Sabbir demanded Ershad be ordered to refund all the facilities he had consumed from the government, until disposal of the suit for holding the highest government post and giving a “false, baseless, concocted, fabricated, dishonest and malafide statement.”
