Staff Reporter :
The High Court (HC) on Tuesday said, 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 conviction awarded by the lower courts in graft cases.
Deputy Attorney General A K M Aminuddin Manik told the reporters that the convicted BNP leaders cannot contest in the upcoming Parliamentary Election.
Citing the order, Anti-Corruption Commission lawyer Advocate Khurshid Alam Khan, told the reporters that the observation prevents BNP Chairperson Khaleda Zia from participating in the election.
In the observation, 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 seeking suspension of their conviction awarded by the lower courts in cases.
Article 66(2)(D) of the Constitution said, “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.”
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.
Lawyers of the BNP leaders said, they will appeal in the Appellate Division against the decision of the High Court.
Advocate Zahidul Islam appeared in the court on behalf of Amanullah Aman, Barrister Rokanuddin Mahmud, Advocate Ahsanul Karim and Advocate Khairul Alam Chowdhury appeared for Dr A Z M Zahid Hossain, Barrister Rafiq-ul Haq and Barrister A K M Fakhrul Islam appeared for Wadud Bhuiyan and Md Abdul Wahab and Barrister Aminul Huq and Barrister Mahbub Shafiq appeared for Md Moshiur Rahman.
Advocate Khurshid Alam Khan appeared in the court on behalf of the ACC and Attorney General Mahbubey Alam and Deputy Attorney General A K M Aminuddin Manik stood for the State.
A Special Court of Dhaka sentenced Amanullah Aman for 13 years in 2007 in a corruption case. The High Court cancelled that verdict once in 2014, but the apex court ordered the HC to review its decision. A Special Court of Chattogram sentenced BNP leader Wadud Bhuiyan for 20 years in 2007 in a corruption case. But he was granted bail from High Court in 2009.
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.
A Special Court of Jashore sentenced Md Abdul Wahab for 8 years in 2017 in a corruption case and he was granted bail from the HC on December 6 in 2017. A Special Court of Jashore sentenced Md Moshiur Rahman for 10 years in 2017 in a corruption case and he also got bail from the HC later.
After the HC order, Advocate Khurshid Alam Khan said, five BNP leaders filed five petitions seeking suspension of their sentence. The court rejected their petitions after hearing, he said. “There is no provision to stay the sentence in the Criminal Code of Procedure. And in these cases Constitution will get priority. So, According to the Article 66(2)(D) of the Constitution, these BNP leaders are not eligible to contest in the polls. And that is why the court rejected their petitions,” the ACC lawyer said. Advocate Khairul Alam Chowdhury, a lawyer for the petitioners, said, “We have shown in the court the examples of the different countries, including India, where the convicted persons participated in the Parliament Election as their appeals were pending. Now we will appeal against the HC decision.”
Election Commission has revised polls schedule, deferring the 11th general election by a week to December 30 – a decision taken on November 12.
The authorities have fixed November 28 as the deadline for filing nomination papers, December 2 for scrutiny and December 9 last date of withdrawal.
