Dhaka: The High Court on Tuesday delivered a split verdict on the writ petition challenging the legality of parliament membership of Nizam Uddin Hazari of Feni-2 constituency.

Senior Justice Md Emdadul Huq passed an order declaring the Feni-2 constituency MP Nizam Hazari's JS membership illegal while Justice FRM Nazmul Ahasan rejected the petition.

Nizam Hazari’s counsel Barrister Shafique Ahmed said senior Justice Md Emdadul Huq declared Nizam Hazari's JS membership illegal as he is yet to complete his jail term while another Justice turned down the writ petition. 

According to rules, any split verdict is sent to the Chief Justice to form a new bench for the settlement of the divided judgment, said Barrister Shafique.

Earlier, on December 1, an HC bench set December 6 for pronouncing its verdict on the writ petition.

In 2014, the writ petition was filed with the HC attaching a newspaper report of May 10, 2014 stating that Nizam Uddin Hazari was awarded 10 years’ imprisonment in an arms case, but he was freed from jail two years and 10 months before the jail term completed.

Besides, the HC on June 8, 2014, issued a rule asking the government, the Election Commission and Nizam Uddin Hazari to explain within four weeks under what authority the MP claims to hold the public office concealing information about his early release from jail in the arms case.

As two HC benches expressed their embarrassment to hear the rule, the Chief Justice sent it to the HC bench, headed by Justice Md Emdadul Haque. The HC bench started the hearing on the rule on January 19 last.

On May 26, last, the HC asked the jail authorities to inform it the details of jail term served by the ruling party MP. The jail authorities submitted its report in this connection on July 19.

According to the report, out of the 10-year jail term, he served five years, eight months and 19 days.

Including a 625-day exemption, the total jail term Nizam Uddin Hazari served stands at seven years, five months and 14 days, which means the MP is yet to undergo two years, six months and 16 days of jail term.