Thursday

Top leaders of BNP, AL may be precluded from contesting parliament elections

Most of the former ministers, MPs and other top leaders of BNP, Awami League, Jamaat-e-Islami and Islami Oikya Jote will be precluded from contesting the parliament election due to their conviction in corruption cases.
By now already 98 persons have been convicted of which 41 are former ministers, MPs and leaders of BNP and 25 are ex-ministers, MPs and leaders of Awami League.
Since 1/11 till date around 1139 persons have been implicated in the corruption cases date and among the cases the ACC filed 429 and rest were filed by other organisations. The ACC sought wealth information from 370 persons of which 294 persons have submitted their statements and 11 out of 76 persons who did not submit wealth statements at all were sued and 6 of them have been already convicted.
Awami League President Sheikh Hasina is facing barge-mounted power plant graft suit, NIKO case, Mig-29 case, extortion case filed by Azam J Chowdhury and detained BNP Chairperson Khaleda Zia is facing GATCO case, NIKO case and Zia Orphanage Trust case. If they are convicted in these cases, they may not be able to participate in the general polls.
As per EPR, corruption cases against all political leaders should be disposed off within 90 days. However, recently the higher courts have given ruling that provision of disposal of corruption cases within 90 days is directory, not mandatory as EPR has not clarified as to what will be the consequence if a case cannot be finished within 90 days. As such, a case will not be cancelled for the Judge's failure to finish it by 90 days.
About disqualification of the convicted politicians to contest election, Rule 11 ( 5) of the EPR clearly says -if anybody is convicted, he/ she will be precluded from contesting election until acquitted in appeal. Besides, the Constitution says that if a person is convicted, he/she will not be able to contest election within five years from the date of his/her release. So, the issue of disqualification has been confirmed by so many laws.
Giving precedent of disqualification, ACC's Public Prosecutor ABM Sharfuddin Mukul said that late JP leader Naziur Rahman was absconding in a case and convicted in absentia. Although he was pardoned by the then President Abdur Rahman Biswas but could not contest Dhaka city corporation election for mayoral post due to his conviction, the PP said adding that President Hossain Muhammad Ershad was once elected MP but it was not effective due to his conviction in a case.

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