The High Court’s observation on Tuesday that a person sentenced to more than two years cannot contest an election even if their appeal is pending has severely hampered BNP Chairperson Khaleda Zia’s chances of participating in the up-coming 11 parliamentary election on December 30.
The High Court bench of Justices Mohammad Nazrul Islam Talukder and KM Hafizul Alam made the observation in line with Article 66 (2)(D) of the constitution while rejecting petitions filed by five BNP leaders seeking the suspension of the conviction in the graft case, pleading that she be allowed to participate in the election.
The BNP chairperson was nominated for the Bogra 6 and 7 constituencies on Monday.
After the court’s order, Anti Corruption Commission’s (ACC) lawyer Advocate Khurshid Alam Khan said that Khaleda will not be allowed to contest in the polls as the High Court observation bars her.
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The court in its order says that if the Appellate Division scraps the lower court’s verdict or stays the conviction and awards bail to the accused then they can participate in the polls.
However, a number of lawyers still see her opportunities to participate in the polls. This only can be possible if the Appellate Division of Supreme Court gives any directives but that will take time.
BNP Standing Committee member Barrister Moudud Ahmed said that Khaleda will be able to join the election as the lower court’s verdict is not the final verdict. “If the High Court upholds the lower court’s verdict, she could move with the Appellate Division.”
