Published on 12:00 AM, December 03, 2018

Jashore BNP nominee can't contest polls

SC extends its chamber judge's order halting HC directive that allowed her candidacy

Sabira Sultana. Photo taken from Facebook

The Supreme Court yesterday extended its chamber judge's order halting the High Court directive that had stayed the conviction and sentence of BNP nominee for Jashore-2 Sabira Sultana and cleared her way to contest the polls.

Following yesterday's SC order, Sabira cannot run the election as her conviction and six years' jail sentence will remain in force, Anti-Corruption Commission's lawyer Advocate Khurshid Alam Khan told The Daily Star.

He said the commission and government will move separate leave-to-appeal petitions before the SC's Appellate Division, challenging the HC order after receiving its certified copy.

A seven-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order after hearing two separate petitions filed by the government and ACC, seeking stay on the HC order.

After the SC passed the order, Attorney General Mahbubey Alam told reporters at his office that the SC order is a message for politicians. If anybody is convicted and sentenced to more than two years in any case, he or she will not be eligible for contesting any election, he added.

Sabira's lawyer Advocate Aminul Islam told The Daily Star that his client is yet to communicate with him about taking the next course of action.

He said if the Election Commission cancels her nomination paper, she can move a writ petition before the HC, challenging the decision. 

Following a petition filed by Sabira, the HC on November 29 stayed her conviction and six-year jail-sentence in a corruption case, clearing her way to contest the election.

The government and ACC on Saturday moved two separate petitions before the SC's chamber judge's court, seeking stay on the HC order.

Justice Hasan Foez Siddique, chamber judge of the apex court, on Saturday stayed the HC order for a day and forwarded the stay petitions to its full bench for hearing.

Advocate AJ Mohammad Ali appeared for Sabira.