Hindustan Surkhiyan Desk: The government will move a petition before the Supreme Court (SC) tomorrow seeking stay on a High Court order that halted conviction and sentence of BNP nominee for Jashore-2 Sabira Sultana, clearing her way to contest the election.
The petition will be moved before the SC chamber judge tomorrow morning, Attorney General (AG) Mahbubey Alam told Hindustan Surkhiyan.
There is no provision in the Code of Criminal Procedure (CrPC) to stay the conviction of any convict while an appeal against the conviction is pending, he said.
Recently, a bench of the HC observed that the convicts sentenced to more than two years cannot contest the election up to five years after serving their jail sentence, even if an appeal against their convictions of sentences are pending, he said.
The attorney general added that the Appellate Division of the SC has not interfered in the HC’s observation.
The HC yesterday stayed the conviction and sentence of Sabira after she sought a stay on her conviction and six-year jail sentence in a corruption case.
Her lawyer says she can now contest the December 30 election.
In 2009, the Anti Corruption Commission (ACC) asked Jhikargacha Upazila chairman Sabira Sultana to submit her wealth statement within seven days.
Later, she submitted her statement to ACC where the commission found Tk 1.78 crore illegal wealth and Tk 70 lakh concealed wealth.
The ACC then filed a case against Sabira on January 9, 2011 with Dhanmondi Police Station.