Staff Reporter :
Attorney General Mahbubey Alam on Tuesday said that BNP Chairperson Khaleda Zia who is convicted and sentenced in two corruption cases cannot contest the Parliament Election even if she is relieved through appeal.
Khaleda Zia will have to wait for five years after her release from jail, said the Attorney General in a press briefing at his office.
He said that Amanullah Aman, Abdul Wadud Bhuiyan, Md Moshiur Rahman, Md Abdul Wahab and Dr A Z M Zahid Hossain, who secured bail, filed separate petitions seeking a stay on their sentence in graft cases so that they can contest in the election.
“I said in the hearing that criminal court, especially the Criminal Appeal Court, can stay their sentence. But, there’ll be no stay on their conviction, especially according to Article 66(2)(D) of our Constitution. A person shall be disqualified for election as, or for being a member of Parliament, who has been on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years unless a period of five years has elapsed since his release,” he said. Mahbubey Alam said that, those who appealed all of them are convicted and they must wait for passing of five years after end of jail term.
He said if they are allowed to contest in the election in this situation, it will be contradictory to the Constitution.
Responding to a question whether this is applicable for Khaleda Zia too, he said, “Of course. It is a Constitutional rule.”
In reply to another question whether the Appellate Division can stay sentence, he said, “I cannot say what the Appellate Division will do.” About court orders that stayed sentences of Jatiya Party Chairman H M Ershad, Mohiuddin Khan Alamgir and Mofazzal Hossain Chowdhury Maya, Mahbubey Alam said, ‘There was a Supreme Court order on Ershad. I couldn’t say whether there was the same submission for Mohiuddin Khan Alamgir and Mofazzal Hossain Chowdhury Maya. I don’t know why the hearing was not held in this way.”
The High Court on Tuesday said those who have been sentenced to over two years jail by a lower court in any graft case with appeal pending will not be allowed to contest in election.
On Monday, five BNP leaders— Amanullah Aman, A Z M Zahid Hossain, Abdul Wadud Bhuiyan, Md Abdul Wahab and Md Mashiur Rahman— filed separate petitions Under Section 426 of criminal offence with the High Court seeking stay orders on the lower court verdicts in the graft cases filed against them.
