Complications to arise over Anwarul Azim's parliament seat if body not found

Although home minister Asaduzzaman Khan on 22 May declared that parliamentarian Anwarul Azim had been killed in Kolkata, his body has not been found as yet.

If his dead body is not found, complications may arise over declaring his parliamentary seat vacant.

The Jatiya Sangsad (national parliament) is supposed to issue a gazette announcing that Anwarul Azim's seat is vacant. There are also requirements for the election commission to hold a by-election to the seat within 90 days.

Anwarul Azim was both a member of parliament and a transport sector businessman. His death also needs to be confirmed to deal with his property and bank accounts.

Anwarul Azim (Anar), member of parliament for three consecutive times from Jhenaidah-4, went to India on 12 May for medical treatment. His family lost contact with him from 17 May. The next day, a friend of his over there, Gopal Biswas, filed a general diary (GD) with the Baranagar police station in North Kolkata, stating that Anwarul had gone missing. After that the MP's daughter Mumtarin Ferdaus (Doreen) informed the Detective Branch (DB) of police in Dhaka about her father being missing.

According to the media, Anwarul was killed on the night of 13 May. The Kolkata police are searching for his body. Though 12 days have passed, his body has not been traced as yet.

On 31 December 2023, the Gaibandha-1 member of parliament Manzurul Islam (Liton), was murdered in his own home. Even before that, Ahsanullah Master had been killed while he was a member of parliament. But there was no uncertainty over their dead bodies. And so the parliament secretariat could declare the seats vacant and arrange for by-elections.

If a member of parliament dies or is absent from the parliament for 90 working days without permission, then the parliament secretariat declares the seat vacant. The parliament issues a gazette in this regard and informs the election commission accordingly. The election commission arranges the by-election within 90 days. Generally speaking, a seat is declared vacant within a week of the parliamentarian's death. If a member of parliament dies, the Speaker moves a condolence motion. It is the norm to declare the session adjourned if a member dies when the parliament is in session.

Speaking to Prothom Alo, senior secretary of the parliament secretary KM Abdus Salam said a decision will be taken this week after discussing the matter with the Speaker. Researcher on parliamentary affairs and former professor of Chittagong University, Nizam Uddin Ahmed, told Prothom Alo that no MP had died in this manner before. Normally a death certificate is issued when anyone dies. But in this case it is not clear how that will happen. If a death certificate is issued without the body or without the remains of the body being found, a legal question may arise. But the state in this regard is confirming the death. And so, he feels, there will be no hitch in declaring the seat vacant.

Anwarul was elected upazila chairman in 2009. After that, in the 2014 election he received party nomination and became member of parliament for the first time. Since then he has been the MP of Jhenaidah-4 for three consecutive times. In the affidavit he submitted to the election commission before the 12th national election, he listed his profession as business and agriculture.

It has been learnt from various sources that the MP had a transport business, Doreen Paribahan, which runs the Jashore-Khulna route. But the affidavit submitted to the election commission makes no mention of his or his family owning any buses. But it does mention that his wife owns four trucks.

Anwarul Azim was the vice president of the apex body of transport owners, Bangladesh Road Transport Owners Association. The president of this association is expelled Jatiya Party leader Mashiur Rahman and secretary general of Dhaka city Awami League vice president Khandakar Enayet Ullah. Anwarul was also the general secretary of the Kaliganj upazila Motor Owners Association. Transport sector sources say that he had strong control over the transport business in the region.

According to his affidavit, the MP and his wife have cash of around Tk 13 million (Tk 1 crore 30 lakh). There is around Tk 12.8 million (Tk 1 crore 28 lakh) deposited in banks and financial institutions.

Anwarul Azim's immoveable property includes 33 bighas of agricultural land valued at around Tk 4.3 million (Tk 43 lakh). There are 24.5 decimals of agri land in his wife's name. There are 129 decimals of non-agricultural land in the MP's name. His wife has 179 decimals. The value of their combined non-agricultural land is shown as over Tk 8.2 million (Tk 82 lakh). He has a four-storey house in the Kaliganj municipal area. The affidavit mentions he has a loan of Tk 11.7 million (Tk 1 crore 17 lakh) with Janata Bank Kaliganj branch.

According to the affidavit, there were 21 cases against Anwarul Azim involving murder, smuggling and other offences. He was pardoned or acquitted from all of these cases.

Anwarul Azim earned around Tk 200,000 annually from agriculture. From business, he and his family earned around Tk 3.8 million (Tk 38 lakh) annually. And he also received an annual allowance of around Tk 2.4 million (Tk 24 lakh) as member of parliament.

The MP has a wife and two daughters. If a person is not officially declared dead, complications arise over inheritance. And if a person is missing, the inheritors do not get the property for up till at least seven years.

Renowned lawyer Shahdeen Malik told Prothom Alo that there had been MPs murdered in the past too, but not finding the body is something new. The home minister can speak to the parliament secretariat about declaring the seat vacant or confirming the death. There is no way for the parliament secretariat or election commission to confirm the matter outside of this. And once the death is confirmed, there will be no problems over inheritance.