HC orders convicted for 2yrs cannot contest
Khaleda Zia not to able to contest in polls
Published: 05:01 PM, 27 November 2018 Updated: 08:01 PM, 27 November 2018
BNP chairperson Khaleda Zia will not be able to participate in the 11th National Parliamentary polls. No person will be able to participate in the elections while the appeal is pending in the lower court for more than two years.
After the High Court verdict on Tuesday, there is no debate over the matter, informed lawyers.
Attorney General Mahbubey Alam and lawyer of Anti Corruption Commission Khurshid Alam Khan have already commented on the matter in the media separately.
The court rejected a petition filed by five BNP leaders for the postponement of the penalty and sentence (conviction and cessation) of the court and decided the convicted person will not participate in the election.
The bench of the High Court of Justice Md. Nazrul Islam Talukder and Justice KM Hafizul Alam passed the order.
According to the experts, the way of taking part in the election of BNP Chairperson Khaleda Zia, who was sentenced to 17 years in two corruption cases, has been closed.
In this regard, the court said, in view of the article of 66 (2) (D) of the Constitution, if any person is sentenced for more than two years, he/she will not be able to take part in the election while the appeal is adjourned in High Court.
Meanwhile, the Attorney General told reporters after the court’s decision that as the situation arising, Khaleda Zia will not be able to take part in the elections. That is why she must wait five years even after her release.
Mahbubey Alam said, “This is a constitutional rule. Whoever can take part in the parliamentary election or cannot be in the parliament as a member of parliament, if the person gets convicted for two years or more than two years.”
“Here are two conditions. The first is that if he/she is punished, then he/she cannot take part in the election. And the other is that the convicted person will not be able to participate in the elections after 5 years of release. Therefore, Khaleda Zia has both of these two issues, so she cannot participate in the elections.”
In response to a question, Alam said, “Our Appellate Division or the High Court Division is made by the constitution. They have to continue with the constitution. Therefore, no court can override it. If anyone appeals against this, we will have the same statement. The court was informed that they cannot override the constitution.”
On the other hand, Advocate Khurshid Alam Khan said, “The court has decided those who are convicted cannot go to the parliamentary elections due to the allegations of corruption. As a result, running the election as a corruption allegation is contrary to the constitution.”
Those five convicted are --- Aman Ullah Aman, Dr. ZM Zahid Hossain, Wadud Bhuiyan, Md. Moshiur Rahman and Md. Abdul Wahab.
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