Chamber justice blocks HC stay on Sabira’s jail term

The Supreme Court chamber judge has halted the High Court’s decision staying the conviction and six-year jail term given to BNP Jashore-2 candidate Sabira Sultana.

Justice Hasan Foez Siddique issued the one-day stay on the decision at the request of the Anti-Corruption Commission, or ACC, and the state on Saturday and set Sunday as the date for the hearing by the Appellate Division bench.

“As we had previously issued a decision on the matter, the order will be stayed until tomorrow and sent to the full court,” he wrote in his decision.

A full Appellate Division bench led by the chief justice will hear the appeal on Sunday morning.

Attorney General Mahbubey Alam, Additional Attorney General Murad Reza and Additional Attorney General Momtaz Uddin Fakir represented the state. The ACC was represented by Khurshid Alam Khan and ABM Bayezid.

Lawyers AJ Mohammad Ali, Aminul Islam, Jainul Abedin and Mahbubuddin Khokon represented Jashore Jhikorgacha Upazila Chairman Sabira Sultana at the hearing.

“Unless the Appellate Division makes a different decision tomorrow, this blocks Sabira Sultana’s participation in the election,” said Mahbubey Alam. “The chamber justice’s stay will remain in effect until the Appellate Division’s decision.”

“This doesn’t just affect Sabira Sultana, it is a matter of constitutional law,” he said in response to questions from journalists. “Nobody sentenced to two or more years in prison is allowed to run.”

On Jul 12 this year the Dhaka Special Judge Court-7 sentenced Sultana to six years in jail and ordered the confiscation of illegal assets worth over Tk 1.79 billion in a case over illegal earnings and keeping assets secret.

Sabira, currently out on bail, contested the special court verdict’s at the High Court on Oct 14.

High Court Justice Md Rais Uddin then passed an order on Thursday, Nov 29, halting Sabira’s conviction and the sentence delivered by the trial court.

Her lawyers had said that the High Court’s decision would allow her to compete for the Jashore-2 seat in the upcoming 11th parliamentary election.

The constitution bars any person sentenced to more than two years in jail from running for election until five more years have passed after they serve the prison term.

Another High Court bench decided on Nov 27 to bar convicts with prison sentences of more than two years from parliamentary elections even if their appeals remain pending.

The decision ruined the election hopes of BNP chief Khaleda Zia, and leaders Amanullah Aman, Dr AZM Zahid Hossain, Wadud Bhuiyan, Md Moshiur Rahman and Md Abdul Wahab, all of whom are sentenced to more than two years in jail.

The Appellate Division of the Supreme Court on Nov 28 did not respond to an appeal seeking stay on the order.

Attorney General Mahbubey Alam had said the state would move the Appellate Division against Thursday’s High Court order staying Sabira’s conviction.

He had said that if Justice Rais Uddin’s judgment cleared the way for Sabira to contest in the polls, it contradicted the Nov 27 verdict.

“We will surely appeal against it…Any judge can express his or her views, but the constitution remains above all of them,” he had said.