Return of candidacy: Khaleda moves SC against HC order

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Staff Reporter :
BNP Chairperson Khaleda Zia on Sunday filed separate petitions with the Appellate Dvision of the Supreme Court, seeking stay on the High Court order that rejected her three writ petitions challenging the Election Commission’s decision to uphold cancellation of her nomination papers by the Returning Officers.
In the petitions, Khaleda prayed to the Appellate Division for its instruction upon the Election Commission to allow her to contest in the December 30 election and to allocate her “Sheaf of Paddy” as election symbol, Barrister A K M Ehsanur Rahman,
a lawyer for Khaleda, told The New Naion.
She submitted the petitions through an advocate-on-record. The apex court Chamber Judge may hold hearing on the petitions today (Monday), the lawyer added.
On December 18, the HC summarily rejected the three writ petitions by Khaleda Zia, saying the EC rightly upheld the ROs’ decision to cancel Khaleda’s nomination papers for Feni-1, Bogura-6 and Bogura-7, as she was convicted and sentenced to 17 years in jail in two corruption cases.
The HC bench of Justice J B M Hassan passed the order saying if a person is convicted and sentenced to more than two years in prison for moral turpitude, they are not eligible to participate in elections in five years after serving jail term.
On December 11, the HC bench of Justice Refaat Ahmed and Justice Md Iqbal Kabir passed split orders on the three petitions. The next day, the Chief Justice assigned the bench of Justice Hassan to dispose of the petitions.
On December 18, Khaleda’s lawyer expressed ‘no confidence’ in the court of Justice J B M Hassan. But the HC bench also rejected Khalea’s petition expressing “no-confidence”.
Rejecting the “no-confidence petitions, the HC bench judge said that the Chief Justice has assigned his bench to hear and dispose of the petitions and asked Khaleda’s lawyer Advocate A J Mohammad Ali to start placing argument on the writ petitions.
Md Ali requested the bench to adjourn the hearing, but the bench refused the prayer and asked him to place argument. Hearing this, the lawyer left the courtroom.
Later, Attorney General Mahbubey Alam started placing argument opposing the writ petitions filed by Khaleda.
On October 29, Khaleda was convicted and sentenced to seven years’ rigorous imprisonment by a special court in Dhaka in Zia Charitable Trust corruption case. Khaleda landed in jail being sentenced to five years’ imprisonment in Zia Orphanage Trust case by the same court on February 8. The High Court later extended her jail terms in the case to 10 years.
A High Court bench last week made an observation that an accused sentenced to more than two years in jail cannot contest in an election, even if an appeal against the sentence remains pending. The Appellate Division of the Supreme Court did not interfere in the observation.

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