Khaleda can’t contest polls, confirms HC

The third bench of the High Court (HC) yesterday (Tuesday) upheld the decision of the junior judge of another bench that rejected BNP chairperson Khaleda Zia’s writ petitions, challenging the legality of the decision of the Election Commission (EC) rejecting her candidature in three constituencies for the upcoming general elections. Khaleda Zia cannot contest in the upcoming general elections, slated to be held on December 30, following the High Court order, lawyers concerned opined.

The third bench comprising Justice JBM Hassan yesterday (Tuesday) upheld the decision of the junior judge of another bench after rejecting the no confidence plea filed by the BNP chief, which requested the bench to send the petitions to the Chief Justice as she has no confidence in the bench because Justice Hassan is junior to Justice Syed Refaat Ahmed, who presided over a two-judge HC bench that passed dissenting orders on her petitions.

On December 11, a division bench of the HC had delivered a split order on Khaleda’s candidature for the December 30 parliamentary elections. Justice Ahmed, the senior judge of the bench, had directed the EC to accept Khaleda’s nomination papers and allow her to contest in the polls. The judge also issued a rule asking the EC to explain why its decision on Khaleda’s nomination should not be declared illegal.

On the other hand, the junior judge of the bench, Justice Md. Iqbal Kabir, had disagreed with the senior judge’s order and rejected her petitions.

Khaleda’s three writ petitions were sent to the third judge after a two-judge bench of the High Court Division gave a split order. The third bench passed the rejection order after hearing arguments from attorney-general Mahbubey Alam.

Before the order was delivered, Khaleda’s lawyer AJ Md Ali told the court to send her writ petitions to the Chief Justice.

However, the court rejected his prayer, saying that the Chief Justice had assigned his bench to hear and dispose of the petitions. The judge asked Khaleda’s lawyer Md Ali to start placing his arguments on the writ petitions.

Md Ali requested the bench to adjourn the hearing but the bench refused the prayer and asked him to place his argument.

Following this, the lawyers of the BNP chief left the courtroom. Attorney-general Mahbubey Alam started placing arguments opposing the writ petitions filed by Khaleda.

Barrister Badruddoza Badal, one of the lawyers for Khaleda, told reporters that they would go before the vacation bench of the Appellate Division against the HC decision.

On December 9, Khaleda filed the petitions that also sought HC directives to the EC to accept her nominations so that she could contest from Bogura-6, Bogura-7 and Feni-1 constituencies.

Khaleda Zia was jailed for five years on February 8 in connection with the Zia Orphanage Trust embezzlement case.

Khaleda cant contest polls, confirms HC

The third bench of the High Court (HC) yesterday (Tuesday) upheld the decision of the junior judge of another bench that rejected BNP chairperson Khaleda Zias writ petitions, challenging the legality of the decision of the Election Commission (EC) rejecting her candidature in three constituencies for the upcoming general elections. Khaleda Zia cannot contest in the upcoming general elections, slated to be held on December 30, following the High Court order, lawyers concerned opined. The third bench comprising Justice JBM Hassan yesterday (Tuesday) upheld the decision of the junior judge of another bench after rejecting the no confidence plea filed by the BNP chief, which requested the bench to send the petitions to the Chief Justice as she has no confidence in the bench because Justice Hassan is junior to Justice Syed Refaat Ahmed, who presided over a two-judge HC bench that passed dissenting orders on her petitions. On December 11, a division bench of the HC had delivered a split order on Khaledas candidature for the December 30 parliamentary elections. Justice Ahmed, the senior judge of the bench, had directed the EC to accept Khaledas nomination papers and allow her to contest in the polls. The judge also issued a rule asking the EC to explain why its decision on Khaledas nomination should not be declared illegal. On the other hand, the junior judge of the bench, Justice Md. Iqbal Kabir, had disagreed with the senior judges order and rejected her petitions. Khaledas three writ petitions were sent to the third judge after a two-judge bench of the High Court Division gave a split order. The third bench passed the rejection order after hearing arguments from attorney-general Mahbubey Alam. Before the order was delivered, Khaledas lawyer AJ Md Ali told the court to send her writ petitions to the Chief Justice. However, the court rejected his prayer, saying that the Chief Justice had assigned his bench to hear and dispose of the petitions. The judge asked Khaledas lawyer Md Ali to start placing his arguments on the writ petitions. Md Ali requested the bench to adjourn the hearing but the bench refused the prayer and asked him to place his argument. Following this, the lawyers of the BNP chief left the courtroom. Attorney-general Mahbubey Alam started placing arguments opposing the writ petitions filed by Khaleda. Barrister Badruddoza Badal, one of the lawyers for Khaleda, told reporters that they would go before the vacation bench of the Appellate Division against the HC decision. On December 9, Khaleda filed the petitions that also sought HC directives to the EC to accept her nominations so that she could contest from Bogura-6, Bogura-7 and Feni-1 constituencies. Khaleda Zia was jailed for five years on February 8 in connection with the Zia Orphanage Trust embezzlement case.