High Court Justice Md. A bench consisting of Nazrul Islam
Talukder and Justice KM Hafizul Alam gave such observations in the verdict.
A full copy of the judgment was published on the Supreme
Court's website on October 22.
The High Court has suspended the punishment and sentence
given by the judicial court in separate cases of corruption of five leaders of
BNP.
In the judgment, the court said, there is no opportunity to
suspend the sentence of the appellants to facilitate their participation in the
parliamentary elections.
Anti-Corruption Commission lawyer Khurshid Alam Khan said at
that time, the court has given an opinion that no one can participate in the
elections if he is sentenced for more than two years. An appeal against the
sentence is pending, the petitioner is on bail, the order of fine has been
stayed these cannot be grounds for stay of sentence or sentence, the court
said. Constitution is the supreme law. Article 66 (2)(d) of the Constitution
prohibits selection of convicts.
This condition has is laid down in article 66 of the
Constitution which contains “A person shall not be qualified to be elected as,
and to be, a member of Parliament who has been, on conviction for a criminal
offence involving moral turpitude, sentenced to imprisonment for a term of not
less than two years, unless a period of five years has elapsed since his
release”.
BNP leader A ZM Zahid Hossain's lawyer Khairul Alam
Chowdhury said that there is no opportunity to suspend the sentence according
to Section 426 of the Criminal Procedure Code. The court also said that while
the appeal filed by an accused person in the Appellate Court against the
judgment of penalty and sentence is pending, that person cannot participate in
the election.
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