Constitution of Bangladesh
Article 66(2)(d)
Arms Act, 1878
Section 19A and 19 (f)
In view of the findings and decision on the issue of the remaining period of sentence (Isssue No. 6) it is evident that, on the date of his release from jail on 01.06.2006, the incumbent MP (respondent No. 7) had not served out the entire sentence and that he was required to serve out the remaining sentence for another 468 days. There is nothing on record to show that, after his release on 01.06.2006, he was ever taken to jail in connection with the sentence imposed on him in Special Tribunal Case No. 757 of 1999. It follows that as per article 66(2)(d) of the Constitution he was disqualified to be nominated and elected as an MP in the election held on 05.01.2014. It is noted that article 66(2)(d) speaks of conviction for a criminal offence involving moral turpitude. The offence under section 19A and 19 (f) of the Arms Act, 1878 is such an offence. Because in the context our society the nature of the prescribed penalty namely a minimum rigorous imprison of 10 years and 7 years for illegal possession of fire arms and ammunition without licence issued by appropriate authority is an offence against the security of the society at large and also against the state and moral value in general. (Minority view) (Per Mr. Md. Emdadul Huq, J) ...Shakwat Hossain Bhuiyan Vs.Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 39 ....View Full Judgment