The government will move a petition before the Supreme Court today seeking stay on a High Court order that halted the sentence of BNP's Jashore-2 nominee Sabira Sultana and cleared the way for her to contest the election.
The petition will be moved before the chamber judge of the Appellate Division of the SC in the morning, Attorney General Mahbubey Alam told The Daily Star.
There is no provision in the Code of Criminal Procedure (CrPC) to stay a conviction while an appeal against it is pending, he said.
On Monday, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman observed that there was no provision in the CrPC for suspending a conviction.
The next day, the HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam also observed that there was no provision in the CrPC for suspending convictions.
Moreover, a convict sentenced to more than two years in jail cannot contest the election in five years after he or she has served the sentence, even if an appeal against the conviction is pending, the bench observed.
On Wednesday, the Appellate Division refrained from interfering with the HC observations, the attorney general said.
But, the HC bench of Justice Md Rais Uddin stayed the conviction and sentence of Sabira Sultana after she sought a stay on her conviction and six-year jail sentence in a corruption case, he added.