The High Court has said convicted people cannot contest polls even if higher court stays sentences handed to them by the trial courts. However, if the Appellate Division stays or scraps any person’s sentence, there will be no bar for him/her to take part in the election.
The High Court bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam made the observation on Tuesday (Nov 27) after scrapping five BNP leaders’ plea, challenging trial courts’ verdicts in corruption cases.
The five BNP leaders are former state minister and BNP chief’s advisor, Amanullah Aman, pro-BNP doctors’ forum DAB leader, Dr AZM Zahid Hossain, Khagrachhari unit BNP President and former MP Wadud Bhuiyan, former MP and Jhenaidah unit BNP president Alhaz Md Mashiur Rahman and another former Jhenaidah MP and BNP standing committee member Md Abdul Wahab.
Aman was represented by lawyer Zahidul Islam, Dr AZM Zahid Hossain by barrister Rokonuddin, Ahsanul Karim and Khairul Alam Chowdhury, Wadud Bhuiyan and Abdul Wahab by barristers Rafiq ul Huq and AKM Fakhrul Islam while Moshiur Rahman was represented by barristers Aminul Huq and Mahbub Shafik.
Lawyer Md Khurshid Alam represented ACC and the state by attorney general Mahbubey Alam and deputy attorney general AKM Aminuddin Manik.
The court verdict said that even if a sentence is suspended the person cannot take part in election as such a move is prescribed by the constitution.
Wadud Bhuiyan was given 20 years imprisonment for illegal accumulation of wealth ranging up to around Tk 80 million and he took several bails on these cases.
Amanullah Aman got 13 years in 2007 for corruption; later he took bail from the court.