Sentencing of 2 years or more

Convicts can’t run for polls as SC passes ‘no order’ HC bar

The Appellate Division of the Supreme Court (SC) yesterday passed a "no order" on a petition filed by Dr AZM Zahid Hossain, challenging the High Court (HC) order that said anyone sentenced to over two years in jail by a lower court in a graft case, with appeal pending, would not be able to take part in the general election.

The apex court’s response has diminished BNP chairperson Khaleda Zia’s chances of contesting the coming election, lawyers feel. A seven-member bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, passed the "no order".

Attorney general Mahbubey Alam told reporters that the "no order" implies that the HC order would remain in force. So, henceforth, those sentenced to over two years in jail by a lower court in any graft case with appeal pending would not be allowed to contest elections, he added.

In response to a query, the state’s chief law officer said that no convicts, including Khaleda Zia, would be able to contest elections as their conviction and sentences had not been suspended.

However, barrister Rokonuddin Mahmud, counsel for Dr AZM Zahid Hossain, said there was a way for discussion on the legal interpretation of the SC's "no-order" response.

The returning officer would decide whether his client would be able to take part in the elections, Mahmud added.

Barrister Rokanuddin Mahmud and advocate Ahsanul Karim stood for the petitioner, while attorney general Mahbubey Alam represented the state. Advocate Khurshid Alam appeared for the Anti-Corruption Commission.

The HC had said on Tuesday that those sentenced to over two years in jail by a lower court in any graft case, with appeal pending, would not be allowed to contest the general election.

The HC also said they would be able to take part, if the Appellate Division stayed the conviction or granted bail to the convicts.

The HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam gave the ruling after rejecting separate petitions filed by five BNP leaders, including the BNP chairperson’s adviser Amanullah Aman, seeking a stay on the conviction and sentence.

Five BNP leaders—Amanullah Aman, Dr AZM Zahid, Abdul Wadud Bhuiyan, Abdul Wahab and Mashiur Rahman — filed separate petitions under Section 426 of the criminal offence with the High Court, seeking stay orders on the lower court verdicts in graft cases filed against them.

After the HC order, Dr AZM Zahid Hossain, a leader of the Doctors’ Association of Bangladesh (DAB), filed an appeal before the Appellate Division, challenging the HC order and seeking a stay on the conviction to take part in the election.

But the apex court passed a “no order” on the petition, which means the HC order would remain in force.

 

Sentencing of 2 years or more

Convicts cant run for polls as SC passes no order HC bar

The Appellate Division of the Supreme Court (SC) yesterday passed a no order on a petition filed by Dr AZM Zahid Hossain, challenging the High Court (HC) order that said anyone sentenced to over two years in jail by a lower court in a graft case, with appeal pending, would not be able to take part in the general election. The apex courts response has diminished BNP chairperson Khaleda Zias chances of contesting the coming election, lawyers feel. A seven-member bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, passed the no order. Attorney general Mahbubey Alam told reporters that the no order implies that the HC order would remain in force. So, henceforth, those sentenced to over two years in jail by a lower court in any graft case with appeal pending would not be allowed to contest elections, he added. In response to a query, the states chief law officer said that no convicts, including Khaleda Zia, would be able to contest elections as their conviction and sentences had not been suspended. However, barrister Rokonuddin Mahmud, counsel for Dr AZM Zahid Hossain, said there was a way for discussion on the legal interpretation of the SCs no-order response. The returning officer would decide whether his client would be able to take part in the elections, Mahmud added. Barrister Rokanuddin Mahmud and advocate Ahsanul Karim stood for the petitioner, while attorney general Mahbubey Alam represented the state. Advocate Khurshid Alam appeared for the Anti-Corruption Commission. The HC had said on Tuesday that those sentenced to over two years in jail by a lower court in any graft case, with appeal pending, would not be allowed to contest the general election. The HC also said they would be able to take part, if the Appellate Division stayed the conviction or granted bail to the convicts. The HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam gave the ruling after rejecting separate petitions filed by five BNP leaders, including the BNP chairpersons adviser Amanullah Aman, seeking a stay on the conviction and sentence. Five BNP leadersAmanullah Aman, Dr AZM Zahid, Abdul Wadud Bhuiyan, Abdul Wahab and Mashiur Rahman filed separate petitions under Section 426 of the criminal offence with the High Court, seeking stay orders on the lower court verdicts in graft cases filed against them. After the HC order, Dr AZM Zahid Hossain, a leader of the Doctors Association of Bangladesh (DAB), filed an appeal before the Appellate Division, challenging the HC order and seeking a stay on the conviction to take part in the election. But the apex court passed a no order on the petition, which means the HC order would remain in force.