SC stays order on convicts eligibility to contest polls
STAFF REPORTER, Dhaka
The chamber court yesterday stayed for a day the High Court (HC) order that had halted the conviction and sentence of BNPs Jashore-2 nominee Sabira Sultana in a corruption case. The HC order had paved the way for her to contest the next polls. The chamber judge, Justice Hasan Foez Siddiqui, issued the stay order after hearing an appeal filed by the state yesterday morning. The chamber court also sent the state petition to the full bench of the Appellate Division. In its order, the chamber judge said: As we previously issued a decision on the matter, the order will be stayed until tomorrow and sent to the full court.
A full-court hearing on the appeal will be held on Sunday, he added. Now, a full Appellate Division bench, led by Chief Justice Syed Mahmud Hossain, will hear the appeal today.
Attorney general Mahbubey Alam, additional attorney general Murad Reza and additional attorney general Momtaz Uddin Fakir represented the state. The Anti-Corruption Commission (ACC) was represented by Khurshid Alam Khan and ABM Bayezid.
Advocate AJ Mohammad Ali, Supreme Court Bar Association (SCBA) president Zainul Abedin, and advocate Aminul Islam represented Jashore Jhikorgacha upazila chairman Sabira Sultana during the hearing.
Unless the Appellate Division makes a different decision tomorrow, this blocks Sabira Sultanas participation in the election, said Mahbubey Alam. The chamber justices stay will remain in force until the Appellate Divisions decision, he added.
In response to a query, the states chief law officer said the stay would not affect Sabira Sultana alone as it is a matter of constitutional law. Nobody sentenced to over two or more years in jail is allowed to contest the election, he added.
ACC lawyer Khurshid Alam Khan told reporters that Sundays order of the Appellate Division would decide whether Sabira would be able to contest the polls.
On the other hand, SCBA president Zainul Abedin later alleged that the court is not being allowed to act independently. There has been undue interference in courts activity every moment. Even the sitting has been arranged on a holiday, he said.
Earlier, on Thursday, an HC bench had said that a convicted person could take part in polls if his/her conviction and fine were stayed by the HC.
In an order, the High Court bench of Justice Md Rais Uddin had stayed the conviction and sentence of Sabira Sultana, former chairman of Jhikargachha upazila in Jashore, clearing the way for her to contest the upcoming 11th parliamentary election.
On Tuesday, another HC verdict had said 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. It had also said they would be able to take part in the polls if the Appellate Division stayed the conviction or granted bail to the convicts. On Wednesday, the Appellate Division upheld the observation.
The ACC on January 9, 2011, had filed the graft case against Sabira. On July 12 last, the special judge court-7 awarded six-year imprisonment to Sabira Sultana and fined her Tk. 5,000 in the case filed for amassing wealth illegally.
