Friday , September 30 2022

The convicted person can not participate in the elections


Sentenced to two years or more, there is no chance to participate in the election. The High Court also noticed an appeal against the order given by the lower court, but the appeals could not participate in the elections, although the appeal is ongoing. The court said it does not allow the constitution to hold elections on its head. It is also against the initial conscience of the constitution. The Bench High Court Division, including Mohammad Islam Talukder, and KM Hafizul Alam, has rejected on Tuesday the appeal of five BNP leaders to reject the sentence in the case of corruption. As a result, several convicted people, including BNP Khaleda Zia Khaleda Zia, will be considered ineligible for eleven parliamentary elections.

In this regard, Advocate General Mahbubyy Alam said that because of this verdict, there was no respite for those who were convicted to participate in the elections. He said those who requested the postponement of the sentence were convicted. None of them was released from prison and five years have passed since the release. If they were allowed to participate in the parliamentary elections by suspending the punishment, then it would have been contrary to Article 66 (2) (d) of our Constitution. That is why the High Court rejected the appeal by taking our arguments. He said that Khaleda Zia can not be selected for the next 5 years, even after paying at this time.

Commissioner for Combating Corruption, Khurshid Alam Khan, said, according to paragraph 111 of the Constitution, that the High Court has so far made compulsory the Compliance by the Electoral Commission. The Commission is not competent to go beyond that judgment.

In the case of corruption, BNP leader and former State Secretary Amanullah Aman, former MP Abdul Wadud Bhuiyan, Alhaj Md Moshiur Rahman and Mohammad Abdul Wahab and DAB leader were sentenced to the lower court. Ejedaema Zahid Hossain. To participate in the eleventh parliamentary elections, they appealed to the High Court to remove the order in accordance with Article 426 of the Code of Criminal Procedure.

The High Court has ordered the release of five separate appeals lodged by them, the appeal is part of the continuation of the case. While the appeal is pending, the opportunity to participate in the election is not included in the provision until the sentence is annulled in the court of appeal. Until the appeal is annulled, the applicant is marked as convicted. And the convicted person does not have the opportunity to participate in the elections until it can be paid by the competent court. Consequently, an appeal is pending, pending Article 66 (2) (d) of the Constitution, which is not part of the Criminal Code.

In this passage of the Constitution, it was said, "No person will be eligible to be elected a Member of the Parliament and be a member of Parliament if he is convicted of a criminal offense on moral grounds and sentenced to imprisonment for at least two years and after five years of release has not been spent. " Consequently, the convicted person will be disqualified from the elections under this paragraph of the Constitution.

The order also said that the plaintiffs said they were on bail. The appeal is pending and the sentence may be suspended if the sentence is postponed. But the court's opinion is that the conviction or the convicted person is on bail, they can not be a matter of concern for postponing the sentence. And there is no law to postpone the sentence. In this situation, the issue of postponing the postponement of the petition does not come. This is rejected because the applications are not valid.

Appeal than postponement of the verdict; Hearing today

The appeal for the adjournment of the sentence appealed against the verdict of the High Court of Harij. Zahid Hossain. The appeal was postponed for appeal. When appearing yesterday in the courtroom, Judge of the Appeals Division, Hassan Foyez Siddiqui, sent them regularly to the hearing for the hearing. The petition session can be heard on the full appeal bench, headed by Justice Chief Syed Mahmud Hossain.

Khaleda Zia's appeal is on hold

Khaleda Zia was sentenced to 17 years in two cases of corruption. He attacked the offense within the relevant branch of the Supreme Court. In this context, BNP's secretary of law, Barrister Kaiser Kamal, said we would present the court for a timely hearing. We have complete training for this. In the Trust Orphanage case, the High Court gave 10 years instead of 5 years for Khaleda's sentence. And in the Charitable Trust case, the lower court gave seven years of punishment. Meanwhile, HKS adviser Khurshid Alam Khan said that because of today's decision of the High Court, many other BNP leaders will not be able to take part in the elections because of the five leaders. These are: Iqbal Hasan Mahmud Tuku, Mir Mohammad Nasiruddin, Mir Mohammad Helal, and Awami League leader Haji Mohammad Selim.

Ittefaq / RKG

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