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Published : 31 Oct 2018, 12:55 PM
Earlier this year, the party hastily deleted a provision in its constitution that would have barred a corruption convict from sitting on the committees. The move came just before a judge jailed the party chief and her son in the Zia Orphanage Trust graft case on Feb 8.
A person, named Mozammel Hossain, later filed an appeal to the commission challenging the planned change to the party constitution.
After hearing a writ petition filed by Mozammel, Justice Md Ashfaqul Islam and Justice Mohammad Ali on Wednesday ordered the EC to resolve the issue in a month and not to accept the amendment proposal during the period.
After the High Court on Tuesday raised her sentence in the orphanage trust graft case to 10 years from five years, Attorney General Mahbubey Alam said related law would bar Khaleda from running for election.
“Even if Khaleda Zia's sentence is suspended, she will be freed from jail at best, but she will not be able to take part in the election,” he said.
Tarique Rahman with his mother Khaleda Zia. File Photo
Tarique, sentenced to seven and 10 years in jail in two corruption cases and for life in Aug 21, 2004 grenade attack case, has been in the UK since 2008. He is running the BNP from exile as its acting chief.
The law bars anyone sentenced to two years or more in jail on criminal charges from contesting in elections.
But Section 7 of the party’s constitution was a threat to Khaleda and Tarique’s entire political career, as it barred anyone involved or convicted for corruption from getting membership of the party or nomination to contest in parliamentary elections.
According to that section, people who are convicted under the President’s Order No. 8, bankrupt, mentally disturbed, and infamous for graft and crimes are not eligible to become a member of the party.
A week before the court delivered the judgment in the orphanage trust graft case, the BNP submitted its amended constitution to the commission.
The High Court’s interim order following Mozammel’s writ petition has invalidated the amendment for now, barring the BNP from keeping Khaleda and Tarique as member, let alone keeping them in the leadership.
The court also issued a set of rules asking the BNP acting chairman and secretary general why dropping the section barring people convicted of corruption should not declared illegal and against the Constitution of Bangladesh.
The local government secretary, the chief election commissioner, and the EC secretary have also been made respondents of the rules. They have four weeks to respond.
Momtaz Uddin Ahmed Mehedi, who stood for the petitioner in the hearing, told reporters: “Mozammel Hossain has said he is a BNP activist.”
“He has said corrupt, ineligible people will get the scope of becoming leaders of the party if its amended constitution is validated. The court has issued the rules and interim order as it is satisfied with his argument,” he added.
EC officials said Mozammel submitted the petition on Tuesday demanding that the BNP’s amended constitution be struck down.
He said in the petition that he had joined the party “after being inspired by its principles and ideals”, but the amendment to the party’s constitution “shocked” him, the officials said.
EC Secretary Helal Uddin Ahmed said they would decide about the BNP’s amended constitution after getting a copy of the High Court orders.
WHAT NOW?
The BNP-backed lawyers demonstrated on the Supreme Court premises on Wednesday demanding rescinding of the verdicts sentencing Khaleda for corruption.
Supreme Court Bar Association chief and BNP Vice-Chairman Zainul Abedin told bdnews24.com he did not know about the orders on the party’s constitution as he was in the demonstration.
“Also, we haven’t been made a party to the case,” he claimed.
Asked whether they were mulling about any legal action over the orders, like challenging it in the Appellate Division, he said, “We will check how the writ petition has been filed. We must examine why a writ petition has been filed on the constitution of a political party like the BNP, and then we will think about legal steps.”
Attorney General Alam said, “It is natural that no convict can hold a party post. It’s an ethical standard for all the political parties in the world. Now as there is a move to change it (standard), I must say the orders have been issued correctly.
“Accepting it (amended constitution) will be like compromising with corruption,” he added.
Former law minister Shafique Ahmed agreed. “Neither Khaleda Zia nor Tarique Rahman can hold any post ethically, because they are convicts,” he told bdnews24.com.
