Experts divided in opinion over Khaleda future, if convicted

Heated debate has already begun in political and legal circles over what could be the verdict and the possible aftermath in the Zia Orphanage Trust graft case against BNP chief Khaleda Zia and five others. The verdict is slated to be pronounced on February 8. Legal experts say the political situation is unlikely to witness upheavals because it is the lower court's verdict and not the final one. There is scope for appeal in higher courts. However, both sides have begun flexing their muscles. BNP standing committee member Gayeshwar Chandra Roy, at a programme at the Jatiya Press Clun yesterday (Friday), warned that his party would go for a tougher movement if the verdict was given in line with the government directive. On the other hand, AL

leader and home minister Assaduzzaman Khan Kamal has cautioned BNP leaders and activists of strict action if they tried to create unrest.

If the allegations against the BNP chief are proven beyond reasonable doubt, the court can give her life-term imprisonment as the maximum punishment stipulated by the law for such offence.

“If the BNP chief gets punishment from the lower court, it will not be the final verdict. Appeal will be filed before the High Court, and there is scope to approach even the Appellate Division of the Supreme Court, if the need arises. Only then will come the final verdict, which will take a long time,” advocate Shahdin Malik told The Independent yesterday.

In response to a query, he said it is most unlikely that all legal steps with regards to the case will be completed within this year—from the lower court to the High Court Division and then to the Appellate Division.

BNP leaders and activists are keenly awaiting the verdict as it may turn into a deciding factor for Khaleda to contest the next general election. If the BNP chief is convicted by the court, it would be difficult for her to take part in the elections, many lawyers, requesting anonymity, told this correspondent.

According to Article 12 (1) (d) of Representation of the People Order, 1972 (Amended 2008), a person shall be disqualified for election, if he/she is convicted of an offence punishable under Articles 73, 74, 78, 79, 80, 81, 82, 83, 84 and 86 and sentenced to imprisonment for a term of not less than two years unless a period of five years has elapsed since the date of his/her release.

Many lawyers said the BNP chief has to complete many legal steps to take part in the next general election if she were to be convicted. At first, she has to move the High Court, seeking stay of the lower court verdict, and then she has to move the Appellate Division, if needed.  The BNP chief would be able to contest the election if she got a favourable verdict from the High Court or the Appellate Division, they explained.

Talking to this correspondent, former Supreme Court Bar Association (SCBA) secretary and legal affairs secretary of the ruling party, Advocate SM Rezaul Karim, said: “See, it’s still with the court… Khaleda may be acquitted. Even if she is convicted in the case, there will be no problem for her to take part in the next election if she gets a stay order from the High Court against the lower court verdict.”

“If Khaleda Zia appeals before the High Court against the lower court conviction, and if the High Court stays the effectiveness of the lower court verdict, she will not be disqualified for the election,” SM Rezaul Karim said. Former SCBA president and BNP chairperson's adviser, advocate Khandaker Mahbub Hossain, said they are prepared for any eventuality.

He, however, said there is no scope to convict Khaleda Zia as the Anti-Corruption Commission had filed the "politically motivated" case based on forged documents, which was clear before the people. “If the court convicts Khaleda Zia, it wlouldbe a politically planned verdict of the government. We are ready to overcome any situation likely to arise over the verdict," he added.

On July 3, 2008, the ACC had filed the Zia Orphanage Trust graft case, accusing Khaleda, her eldest son Tarique Rahman and four others for misappropriating over Tk. 2.10 crore that the trust received as grant for orphans via a foreign bank.

The four other accused are former BNP lawmaker Salimul Haq Kamal, businessman Sharfuddin Ahmed, Kamal Uddin Siddique, former principal secretary to the former prime minister, and Mominur Rahman, nephew of the late president Ziaur Rahman. Of the six accused, Khaleda is on bail, while Salimul and Sharfuddin are in jail. Three others, including Tarique, are on the run.

 

Experts divided in opinion over Khaleda future, if convicted

Heated debate has already begun in political and legal circles over what could be the verdict and the possible aftermath in the Zia Orphanage Trust graft case against BNP chief Khaleda Zia and five others. The verdict is slated to be pronounced on February 8. Legal experts say the political situation is unlikely to witness upheavals because it is the lower courts verdict and not the final one. There is scope for appeal in higher courts. However, both sides have begun flexing their muscles. BNP standing committee member Gayeshwar Chandra Roy, at a programme at the Jatiya Press Clun yesterday (Friday), warned that his party would go for a tougher movement if the verdict was given in line with the government directive. On the other hand, AL leader and home minister Assaduzzaman Khan Kamal has cautioned BNP leaders and activists of strict action if they tried to create unrest. If the allegations against the BNP chief are proven beyond reasonable doubt, the court can give her life-term imprisonment as the maximum punishment stipulated by the law for such offence. If the BNP chief gets punishment from the lower court, it will not be the final verdict. Appeal will be filed before the High Court, and there is scope to approach even the Appellate Division of the Supreme Court, if the need arises. Only then will come the final verdict, which will take a long time, advocate Shahdin Malik told The Independent yesterday. In response to a query, he said it is most unlikely that all legal steps with regards to the case will be completed within this yearfrom the lower court to the High Court Division and then to the Appellate Division. BNP leaders and activists are keenly awaiting the verdict as it may turn into a deciding factor for Khaleda to contest the next general election. If the BNP chief is convicted by the court, it would be difficult for her to take part in the elections, many lawyers, requesting anonymity, told this correspondent. According to Article 12 (1) (d) of Representation of the People Order, 1972 (Amended 2008), a person shall be disqualified for election, if he/she is convicted of an offence punishable under Articles 73, 74, 78, 79, 80, 81, 82, 83, 84 and 86 and sentenced to imprisonment for a term of not less than two years unless a period of five years has elapsed since the date of his/her release. Many lawyers said the BNP chief has to complete many legal steps to take part in the next general election if she were to be convicted. At first, she has to move the High Court, seeking stay of the lower court verdict, and then she has to move the Appellate Division, if needed. The BNP chief would be able to contest the election if she got a favourable verdict from the High Court or the Appellate Division, they explained. Talking to this correspondent, former Supreme Court Bar Association (SCBA) secretary and legal affairs secretary of the ruling party, Advocate SM Rezaul Karim, said: See, its still with the court Khaleda may be acquitted. Even if she is convicted in the case, there will be no problem for her to take part in the next election if she gets a stay order from the High Court against the lower court verdict. If Khaleda Zia appeals before the High Court against the lower court conviction, and if the High Court stays the effectiveness of the lower court verdict, she will not be disqualified for the election, SM Rezaul Karim said. Former SCBA president and BNP chairpersons adviser, advocate Khandaker Mahbub Hossain, said they are prepared for any eventuality. He, however, said there is no scope to convict Khaleda Zia as the Anti-Corruption Commission had filed the politically motivated case based on forged documents, which was clear before the people. If the court convicts Khaleda Zia, it wlouldbe a politically planned verdict of the government. We are ready to overcome any situation likely to arise over the verdict, he added. On July 3, 2008, the ACC had filed the Zia Orphanage Trust graft case, accusing Khaleda, her eldest son Tarique Rahman and four others for misappropriating over Tk. 2.10 crore that the trust received as grant for orphans via a foreign bank. The four other accused are former BNP lawmaker Salimul Haq Kamal, businessman Sharfuddin Ahmed, Kamal Uddin Siddique, former principal secretary to the former prime minister, and Mominur Rahman, nephew of the late president Ziaur Rahman. Of the six accused, Khaleda is on bail, while Salimul and Sharfuddin are in jail. Three others, including Tarique, are on the run.