EPR convicts' poll hopes over

The High Court (HC) yesterday upheld the constitutional provision for disqualifying a person from contesting parliamentary elections if they are sentenced to not less than a two-year term under the Emergency Power Rules (EPR).
This would imply that some 75 well-known politicians of different parties cannot qualify for the ninth parliamentary election slated for December 29.
But while legal experts are saying this, lawyers of one of these convicted politicians commented that the HC rule does not disqualify his client's candidature.
The HC bench comprised of Justice Nazmun Ara Sultana and Justice Md Rezaul Haque delivered the verdict, disposing of a writ petition filed by detained former communications minister Nazmul Huda, who is convicted in two criminal cases under the EPR.
The court observed that rule 11(5) of the EPR 2007 "is effective subject to the provisions embodied in Article 66(2)(D) of the Constitution".
Article 66(2)(D) of the constitution says a person will be disqualified from parliamentary elections if they are convicted of a criminal offence involving moral turpitude or sentenced to imprisonment for a term of not less than two years unless a period of five years elapses since their release.
On the other hand, the EPR provision disqualifies a convict under its rule from contesting the parliamentary election if their appeals against the conviction remains pending with the appellate court.
The difference between the two rules is in the length of their sentences: the EPR disqualifies anyone if they are convicted even for a single day while the constitutional provision has a minimum two-year imprisonment for doing so, the experts observed.
Most politicians convicted under the EPR have been sentenced to jail terms of three years and more.
The legal experts said following the HC verdict, the EPR provision will stay effective.
According to them, the ball is now in the Election Commission's court. The returning officer will look into the matter during scrutiny of nomination papers.
Jurist barrister Rafique-ul Huq told The Daily Star that following the HC verdict convicts in cases under the EPR cannot contest the upcoming parliamentary elections unless the state of emergency is lifted before scrutiny of nomination papers.
Replying to a question, he said charges of committing corruption and taking bribes are considered as moral turpitude.
Senior lawyer and Supreme Court Bar Association President barrister Shafique Ahmed said as per the constitutional provisions the convicts cannot contest the elections even after filing appeals with the higher courts against their convictions.
Deputy Attorney General JBM Hasan, however, told The Daily Star that those who were sentenced to less than two years' imprisonment can contest the election.
"Nazmul Huda was sentenced to more than two years in separate cases. So he cannot contest the ensuing parliamentary polls," he said.
But Huda's lawyer advocate Ashanur Rahman claimed that Huda can contest the parliamentary election as his appeals against the trial court sentences are pending with the HC.
He said since an appeal is considered a continuity of the trial, the HC judgment is not applicable for Huda until the appeal is resolved.
A special court on August 27 last year sentenced Huda to seven years' rigorous imprisonment for amassing wealth illegally and concealing information about it. On June 12 this year, he was sentenced to 12 years' rigorous imprisonment by a Dhaka court in an extortion case.
The BNP leader filed the writ petition with the HC on October 26, challenging the legality of rule 11(5) of the EPR 2007 saying it goes against article 66 of the constitution.
Attorney General Salahuddin Ahmad appeared for the government in the hearing of Huda's petition while Advocate Fowzia Karim argued for the petitioner.
The prominent convicts include BNP leaders Mirza Abbas, Harris Chowdhury, Aman Ullah Aman, Tarique Rahman's friend Giasuddin al Mamun, Mamun's brother former lawmaker Hafiz Ibrahim, Awami League leaders Mohammad Nasim, Dr Mohiuddin Khan Alamgir, Mofazzal Haider Chowdhury Maya and his son Dipu Chowdhury, Sheikh Helal Uddin, Iqbal Hasan Mahmud Tuku, Orion Group Chairman Obaidul Karim, former secretary ANH Akhter Hossain and daily Janakantha Editor M Atiqullah Khan Masud.