ACC: Khaleda Zia, Haji Salim ineligible to participate in national polls

Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan has said that BNP Chairperson Khaleda Zia and Awami League MP Haji Mohammad Salim will not be able to participate in the upcoming 12th national polls as per High Court verdict.

He said this while replying to questions from journalists in front of the Apex Building of the Supreme Court on Monday (October 23).

"The High Court said in Sunday’s verdict that sentences are never suspended. There is no opportunity to participate in the election until the sentence is overturned by the appropriate court," said Khurshid Alam Khan.

He added: “In the light of this verdict, no person sentenced to more than two years, including Khaleda Zia and Haji Salim, will be able to participate in the upcoming parliamentary elections. Because their sentences were not overturned. If the Appellate Division amends or quashes the High Court verdict, then it is different.”

On Sunday, the High Court ruled that those sentenced to more than two years in corruption cases will not be allowed to participate in the election until their sentence is overturned. 

At the same time, the High Court ruled that there is no scope to stay the sentence while the appeal is pending. 

A full 44-page copy of the judgment delivered on November 27, 2018, was published on the Supreme Court website. 

A High Court bench of Justice Md Nazrul Islam Talukder and Justice Muhammad Khurshid Alam Sarkar passed the order.

Khurshid Alam Khan said, "If a person is sentenced to two years or more in a case of moral turpitude, then the person is constitutionally ineligible for election. The court passed a judgment explaining Article 66(2)(d) of the Constitution.”

Article 66(2)(d) of the Constitution says a person 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.”