People jailed for more than two years can’t contest polls: HC

They can if Appellate Division stays conviction

FE Team | Published: November 27, 2018 23:54:38

The High Court has said those who were jailed for more than two years, with their appeals pending with the courts, cannot compete in the election, report agencies.
The HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam came up Tuesday with the observation after rejecting separate petitions filed by five BNP leaders, including BNP chairperson's adviser Amanullah Aman seeking stay on conviction and sentence.
The HC also said they will be able to contest the polls if the Appellate Division stays the conviction or grants bail to the convicts.
On Monday, five BNP leaders -- Amanullah Aman, Dr AZM Zahid, Abdul Wadud Bhuiyan, Abdul Wahab and Mashiur Rahman -- filed separate petitions under section 426 of criminal offence with the High Court seeking stay orders on the lower court verdicts in the graft cases filed against them.
The HC order will restrict BNP Chairperson and ex-Prime Minister Khaleda Zia from contesting the upcoming parliamentary election as she was awarded the 17-year jail term in two separate graft cases.
Advocate Khurshid Alam stood for ACC while Attorney General Mahbubey Alam and deputy attorney general AKM Amin Uddin Manik represented the state.
According to the case statement, Chattogram Division Special Judge sentenced BNP leader Wadud Bhuiyan to 20 years imprisonment in a graft cases filed for concealing information and accumulating wealth of 6.36 crore beyond the known sources.
The BNP leader filed an appeal petition with the HC in 2009 and secured bail on April 28, 2009.
Besides, Jashore Special Judge Court also sentenced him to eight years' imprisonment for accumulating wealth of 9.34 million on October 30 last year. He filed an appeal petition on December 06, 2017.
A special court on October 25, 2017 sentenced ex-MP Moshiur Rahman to 10 years' imprisonment in a case filed by Anti-Corruption Commission (ACC) for concealing information in his wealth report and amassing illegal wealth of Tk 1.5 million. Later, he secured bail from the Appellate Division.
A judicial court sentenced Amanullah Aman to 13 years' imprisonment in a graft case on June 21, 2007. Later, he secured bail from the court.