Staff Reporter :
The Supreme Court on Saturday stayed for a day the High Court order that halted the conviction and sentence awarded to BNP’s Jashore-2 nominee Sabira Sultana in a corruption case, clearing the way for her to contest in the election.
Justice Hasan Foez Siddique, Chamber Judge of the Appellate Division of the Supreme Court, passed the order after two separate petitions were filed by the government and the Anti-Corruption Commission seeking a stay on the High Court order.
The chamber judge also forwarded the stay petitions to its full bench for hearing on the matter today (Sunday).
Anti-Corruption Commissions’ lawyer Advocate Khurshid Alam Khan told the reporter that it would depend on the order of the Appellate Division whether Sabira Sultana will be able to contest in the election or not.
Attorney General Mahbubey Alam appeared for the government, while advocate AJ Mohammad Ali argued for Sabira Sultana.The High Court on Thursday last stayed the conviction and six years’ jail sentence of Sabira in the corruption case.
The government today filed the petition seeking a stay on the High Court order.
After the HC order on Thursday last, Attorney General Mahbubey Alam said there was no provision in the Code of Criminal Procedure (CrPC) to stay a conviction when an appeal against it is pending.
On Monday last, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman observed that there was no provision in the CrPC for suspending a conviction.
The next day, the HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam also observed there was no provision in the CrPC for suspending convictions.
Moreover, a convict sentenced to more than two years in jail cannot contest the election in five years after he or she served the sentence, even if an appeal against the conviction is pending, the bench observed.
