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HC stays conviction, sentence, allows BNP leader Sabira to contest JS polls.

HC stays conviction, sentence, allows BNP leader Sabira to contest JS polls

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BD Correspondent: The High Court Division on Thursday stayed conviction and three-year jail term of BNP central leader Sabira Sultana and now she would be able to contest the Jhikargachha Parliament seat, also called the Jashore 2 consttuency.

A bench of Justice Md Rais Uddin passed the order after hearing an application she had filed on October 14, seeking stay of her conviction and sentence pending hearing of her appeal.

Sabira is free on bail granted by the High Court Division on August 6.

At the hearing, her lawyer AJ Mohammad Ali submitted that Section 426 of the Code of Criminal Procedure empowered appellate courts to stay or suspend convictions and sentences during pendency of appeals.

He also cited an order of the Appellate Division that had allowed convicted Awami League leader Muhiuddin Khan Alamgir to contest general election in 2008.

He also cited several decisions of the Supreme Court of India allowing convicts’ to contest election by staying convictions and sentences.

Anti-Corruption Commission lawyer ABM Bayezid opposed staying Sabira’s conviction and sentence.

‘We would appeal against the decision,’ attorney general Mahbubey Alam told reporters.
Earlier, another HC bench of Justice Md Shawkat Hossain felt embarrassed to hear Sabira Sultana’s application.

On July 12, the Special Judge 6 of Dhaka jailed her for three years in a case of possessing wealth disproportionate to her earnings and for three more years, she required to serve concurrently, for concealing her wealth.

Following the decision of the court, the government suspended her as the chairman of Jhikargachha upazila parishad.