Staff Reporter :
The Appellate Division of the Supreme Court on Wednesday upheld a ruling of the High Court Division in which convicts were disqualified from contesting in the election, even if an appeal is pending in the higher court.
A seven-member Bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed ‘no order’ on a provisional appeal filed by Dr A Z M Zahid Hossain seeking stay on the High Court order that had rejected his application to stay his conviction and sentence for contesting in the election.
On Tuesday, the High Court (HC) said in a ruling, a convict sentenced to more than two years in the lower court cannot contest in the election, even if an appeal is pending in the Higher Court.
The court passed the observation in line with Article 66(2)(D) of the Constitution. It said, the convict can only run for candidacy after passing of five years completing the jail term.
The High Court Bench of Justice Md Nazrul Islam Talukder and Justice K M Hafizul Alam passed the order while rejecting petitions filed by five BNP leaders, including Amanullah Aman, seeking suspension of their convictions awarded by the lower courts to enable them to contest the next Parliament Elections. Advocate Khurshid Alam Kahn, a lawyer for the Anti-Corruption Commission (ACC), said, “Following the apex court’s order, decision given by the High Court for a convict sentenced to more than two years in the lower court cannot contest in the election, even if an appeal is pending in the higher court, will continue.”
In the ruling, the court said, “According to the Article 66(2)(D) of the Constitution, a convict sentenced to more than two years in the lower court cannot contest in the election, even if an appeal is pending in the higher court and unless the conviction is scrapped or stayed.”
BNP leader Amanullah Aman, Dr A Z M Zahid Hossain, Wadud Bhuiyan, Md Moshiur Rahman and Md Abdul Wahab filed petitions with the HC seeking suspension of their conviction awarded by the lower courts in cases.
After the HC’s rejection, Dr A Z M Zahid Hossain filed petition with the Appellate Division seeking suspension of his conviction awarded by the lower court in a case.
But in the past, many political leaders participated in the Parliament Election after filing appeal petition in the High Court against the lower court verdict and granting bail from there. That is why BNP leaders also filed appeal petitions in the High Court, the concerned lawyers said. But that way is also closed with the observation of the High Court passed yesterday in the cases of the five BNP leaders.
Barrister Rokanuddin Mahmud appeared in the court on behalf of Dr A Z M Zahid Hossain. Advocate Ahsanul Karim and Advocate Khairul Alam Chowdhury assisted him. Advocate Khurshid Alam Khan appeared in the court on behalf of the ACC and Attorney General Mahbubey Alam stood for the State. A Special Court of Dhaka sentenced A Z M Zahid Hossain for 13 years in 2008 in a corruption case and he was granted bail from the HC in 2009.
Advocate Khairul Alam Chowdhury, a lawyer for the petitioners, said, “We filed the petition seeking suspension of the conviction and sentence given to Dr Zahid Hossain by the lower court. Appellate Division passed ‘no order’. Now we will take further decision after getting the full text of the HC verdict.”
