EPR convicts for 2 yrs or more disqualified for elections: HC

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The High Court (HC) has said those convicted for two years or more in cases filed under the Emergency Powers Rules (EPR) will not be able run for elections, but in line with the Constitution those sentenced to less than two years under the EPR may contest, report UNB and bdnews24.com.
"Rule 11(5) of the Emergency Powers Rules 2007 is effective, subject to constitutional provision embodied in Article 66 (2)(Gha)," ruled the HC bench of justices Nazmun Ara Sultana and Md Rezaul Haque Sunday, on a writ petition filed by former communication minister Barrister Nazmul Huda.
Deputy attorney general (DAG) JBM Hassan said, "The ruling means that those sentenced to more than two years will not be eligible, but those convicted for less than two years will be able to contest elections."
As Nazmul Huda has been convicted for more than two years, he will not be able to run for elections, the DAG added.
Huda's lawyer Ashanur Rahman, however, claimed Rule 11(5) of the EPR is invalidated after the ruling. He also said his client will be able to run for elections, as he had appealed against his verdict.
"There is precedent that one can run for elections under appeal against a conviction," the lawyer said. The issue must be considered as per the Constitution, Rahman added.
However, JBM Hassan replied in the negative when asked if those convicted would be able to run during their appeal.
On whether the ruling would be applicable for all convicts, the DAG said: "The court's ruling on the writ petition will be applicable for all."
Rule 11(5) of the EPR states that any person convicted for any length of sentence under the Rules, even under appeal against the verdict, will not be able to run for any election, local or national.
Article 66(2)(Gha) of the Constitution states that no person is eligible to be elected as a lawmaker or remain as such, if he is convicted to two years or more in a criminal case, and remains ineligible up to five years after his release from prison.
Meanwhile, the High Court Sunday set Wednesday (Dec 3) for hearing on its rule upon a pending writ petition filed by Dhaka City Corporation Mayor Sadek Hossain Khoka challenging the Election Commission (EC) decision disqualifying the incumbent mayors of the cities from contesting the parliamentary polls.
A division bench comprising Justice Tariq ul Hakim and Justice Farah Mahbub fixed the date after hearing on an EC petition seeking to vacate interim HC stay on the operation of the election-disqualification provision for incumbent city corporation mayors.