The New Nation - Internet Edition

Staff Reporter

The High Court yesterday said those convicted for more than two years in cases filed under emergency powers rules (EPR) would not be able to contest the forthcoming parliamentary elections, but those sentenced to less than two years may contest in line with the Constitution.

The High Court Bench comprising Justice Nazmun Ara Sultana and Md Rezaul Haque issued the rule on a writ petition filed by former communication minister and BNP leader Barrister Nazmul Huda.

The High Court rule kept the section 11(5) of the Emergency Power Rules operative subject to constitutional provision embodied in Article 66 (2)(Gha) which barred the BNP stalwart Barrister Nazmul Huda, twice convicted of corruption under the EPR, to contest in the December 29 parliamentary polls.

With issuance of the ruling participation of the convicted politicians under the EPR has been uncertain.

Huda's lawyer Ahsanur Rahman, however, hoped that his client would be able to run for elections as he had appealed against the verdict.

He claimed that the Rule 11(5) of the EPR was invalidated following the ruling.

The lawyer said there is precedent that one could run for elections under appeal against a conviction. The issue must be considered as per the Constitution, he said.

Meanwhile, Deputy Attorney General JBM Hassan told reporters that with the ruling those sentenced to more than two years would not be eligible but those convicted for less than two years would be able to contest elections.

Asked if those convicted would be able to contest the polls, he replied in the negative.

He said Nazmul Huda would not be able to contest the polls as he has been convicted for more than two years.

Barrister Shafik Ahmed told reporters that the ruling was valid as the Constitution keeps the provision that those convicted of corruption will not be able to run for elections.

Barrister Rafiqul Islam Miah told The New Nation that the participation of the convicted under the emergency rule would depend on the decision of the Appellate Division of the Supreme Court, if it accepts the appeal in this regard.

Rule 11(5) of the EPR states that any person convicted for any length of sentence under the Rules, even under appeal against the verdict, will not be able to run for any elections, local or national.

Article 66(2)(Gha) of the Constitution states that no person is eligible to be elected as a lawmaker or remain as such if he is convicted to two years or more in a criminal case, and remains ineligible up to five years after his release from prison.

The former communication minister filed the writ petition on October 28 with the High Court protesting that Rule 11(5) of the EPR went against Article 66(2)(Gha) of the Constitution.