BNP presiding officer Khaleda Zia lost another legal battle yesterday

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BNP presiding officer Khaleda Zia lost another legal battle yesterday, because the judicature doubled her five-year jail term, that was two-handed down by a inferior court within the Zia Orphanage Trust graft case.

The former prime minister landed in jail on Feb eight when being sentenced by a special decide court that day.

She challenged the decision on Feb twenty with the HC, seeking final judgment. Weeks later, the Anti-Corruption Commission, that filed the case in 2008, filed a revision petition with the HC, seeking improvement of her penalisation. 

The HC finding of fact came on a daily basis when identical special court sentenced Khaleda to seven years in jail on charges of abusing power throughout her second term (2001-2006) to gather and pay Tk half dozen.52 large integer for various functions, as well as to shop for forty two kathas of land within the capital to line up a trust when her late husband's name. 

While sentencing Khaleda within the Zia Orphanage case in Feb, the special decide, Md Akhtaruzzaman, thought-about her age and social rank and sentenced her to 5 years in jail. Khaleda is currently seventy three.

The 5 different suspect within the case, as well as her son Tarique Rahman, were awarded ten years' imprisonment for misappropriating over Tk a pair of.1 large integer that had come back from an overseas bank in grants for orphans.

But identical decide on Mon awarded Khaleda and 3 different suspect of the Zia trust graft case equal penalisation -- seven years' jail term for every.

And when yesterday's HC finding of fact, all convicts within the Zia Orphanage Trust case also will serve equal time in jail.

In the short finding of fact, the HC didn't mention why it increased Khaleda's penalisation to ten years. it'll be clear once the total finding of fact is discharged.

"She is that the main suspect within the case. She was sentenced to 5 years' imprisonment by the inferior court. however our plea was to sentence her to life," Air Combat Command professional person Khurshid Alam Khan told reporters, explaining the longer sentence.

The HC and also the inferior court verdicts come back amid BNP's incorporate Khaleda's unleash before the final election due by finish of Gregorian calendar month. It additionally comes simply days before the long-demanded dialogue between the govt. and opposition parties.

Prime Minister Arab chief Hasina yesterday invited the Jatiya Oikyafront, a platform of BNP {and several|and a number of different|and several other} other parties, for talks at the Gono Bhaban tomorrow. 

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'POLITICAL MOTIVE'

The BNP aforementioned it had been “stunned and surprised” by the HC judgment.

"We suppose the decision was given with a political motive, and that we altogether reject it,” BNP Secretary General Mirza Fakhrul Islam Alamgir told reporters at the party's office.

"People ar currently uncertain of the result of the dialogue between the ruling Awami League and also the Jatiya Oikyafront,'' he said.

Zainul Abedin, a counsel for Khaleda and additionally president of the Supreme Court Bar Association, aforementioned improvement of penalisation by the HC during a criminal case was rare. Usually, the HC commutes the sentence in such cases. 

They will opt for filing Associate in Nursing attractiveness with the proceedings Division within the returning days, he said.

CAN KHALEDA be a part of POLLS?

The HC finding of fact has oil-fired the continuing discussion concerning whether or not Khaleda will contest the approaching election.

Article sixty six (2) (d) of the constitution says, “A person shall be disqualified for election as, or for being, a member of Parliament WHO has been, on conviction for a criminal offence involving ethical evildoing, sentenced to imprisonment for a term of not but 2 years, unless a amount of 5 years has pass on since his unleash.”

According to professional person General Mahbubey Alam, the BNP chief cannot be a part of the race unless her convictions ar scrapped and she or he is innocent .

ACC professional person Khurshid Alam echoed his views.

However, Law Minister Anisul Huq said a previous split finding of fact delivered by the Supreme Court on the matter.

In that finding of fact, one decide aforementioned a convict will contest the polls if the penalisation is stayed by the court in attractiveness. the opposite decide aforementioned someone is disqualified from seeking workplace when the court finding of fact, the minister aforementioned.

"I suppose the court can decide whether or not she [Khaleda] will contest subsequent polls," he told journalists in Narayanganj. 

Mirza Fakhrul himself thinks Khaleda became somewhat disqualified from running when the verdicts, given the prolonged legal method.

She has thirty days to attractiveness against every finding of fact. Also, to be able to be a part of the polls campaign, she must secure bail to come back out of jail.

In case she isn't on the ballot paper, it'll be for initial time since she took the helm of the party thirty five years past. She diode the BNP to win the polls in 1991, 1996 (February) and 2001. below her leadership, the party lost 2 elections in June 1996 and in 2008 and boycotted one election in Gregorian calendar month 2014.

She contested from 5 seats in 1991, 1996 and 2001, and 3 seats in 2008, winning all.

NOT on top of THE LAW

In the finding of fact, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman additionally upheld ten years' imprisonment and Tk. 2.1 large integer in fine for Qazi Saleemul Huq, a former BNP MP from Magura, and Sharfuddin Ahmed, a man of affairs.

The court didn't say something concerning the 3 different convicts, as well as Tarique, as they didn't file any attractiveness against their conviction. they're all fugitive.

Two others ar Mominur Rahman, Tarique's relative, and Kamal Uddin Siddique, former principal secretary.

There was no professional person for any of the convicts within the court.

Earlier within the day, Khaleda's lawyers touched the proceedings Division bench headed by magistrate Syed Mahmud Hossain, seeking its directive on the HC to hold over the decision.

The petition was rejected because it wasn't filed during a “proper approach,” aforementioned Khurshid Alam.

In his reaction to the decision, Mahbubey Alam aforementioned it had been a message for politicians. “It signals that nobody will stay on top of the law if they commit crimes.”

The Supreme Court Bar Association, that is dominated by pro-BNP lawyers, can boycott the judicature Division and also the proceedings Division from 9:00am to 1:00pm nowadays protestant the decision. Source: the daily star.

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