Khaleda Zia's appeal process explained

BNP Chairperson Khaleda Zia's lawyers have said they will appeal against her conviction in the Zia Orphanage Trust graft case in higher court. Advocate Sagir Hossain Leon says an attested copy of the lower court's verdict will have to be obtained for the appeal. But another lawyer for Khaleda, Advocate Jainul Abedin, says the appeal can be filed without the copy of the verdict. He says there are many precedents in cases contested across South Asia of filing an appeal without the copy. Leon said: “After getting the copy of the verdict we will analyse it to find its legal and factual weaknesses, and then file appeal based on those grounds.” The lawyer, who is the joint secretary of the BNP-backed Jatiyatabadi Ainjibi Forum, said: “After we file the appeal, the higher court will hold hearings on it and pass a verdict. We believe Khaleda will be freed of all charges in the appeal verdict.” Asked if leave to appeal needs to be filed in this case, he said leave to appeal is required when going against a High Court order in the Appellate Division. On Thursday afternoon, a special court in Dhaka pronounced Khaleda and others guilty in charges under sections 409 and 109. Judge Md Akhteruzzaman of the Dhaka Special Judge's Court 5 pronounced a five-year rigorous imprisonment for Khaleda and 10 years for the other five, including Khaleda's son and BNP Senior Vice Chairman Tarique Rahman. Khaleda's lawyers are thinking of three separate appeals against the verdict. Advocate Jainul Abedin said: “First we will file a leave-to-appeal petition with the High Court against the lower court's verdict. Then we will file for bail and thirdly we will ask the higher court to stay the lower court's verdict.” If the sentence is stayed by High Court, Khaleda will be able to participate in the coming general elections, he said. But after the verdict, Law Minister Anisul Huq told reporters that under the Constitution, no one with a two-year jail sentence can participate in the national election. “But if the High Court grants her bail, there will be no bar to her taking part in the election,” he said.This article was first published in banglatribune.com