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HC allows convict to contest polls staying conviction, sentence

29 Nov,2018

BDchronicle:

The High Court on Thursday allowed a candidate of Bangladesh Nationalist Party to contest the upcoming general election staying conviction and sentence in a graft case filed by Anti-Corruption Commission.

The bench of Justice Md Rais Uddin passed the order disposing of an appeal filed by Sabira Sultana, chairman of Jhikargachha Upazila Parishad.

Sabira submitted nomination paper to contest the general election from Jashore 4 constituency with the ticket of Bangladesh Nationalist Party.

Only July 12, a trial court sentenced her three years jail for accumulating illegal wealth of Tk 42 lakh and concealing it in her wealth statement.   

Sabira filed an appeal with the High Court against the conviction and sentence on October 14.

The bench said the High Court has the power to stay conviction and sentence.

Sabira’s lawyer Aminul Islam as the court stayed her conviction and sentence, Sabira can contest the polls.

Former attorney general AJ Mohammad Ali also stood for Sabira and ATM Bayezid stood for the Anti-Corruption Commission.

Attorney general Mahbubey Alam said since the order contradicts with the order of another High Court bench, they would appeal against it.

The issue of barring convicts to contest polls with appeals pending came into limelight after a High Court bench passed an order barred persons convicted and sentenced for more than two years by a lower court.

The Appellate Division full bench headed by Chief Justice Syed Mahmud Hossain passed ‘no order’ upholding the order of the High Court.

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