Appeal filed against Khaleda Zia’s sentence

Dhaka: Counsels of BNP Chairperson Khaleda Zia filed an appeal petition challenging the verdict sentencing the former prime minister to five years of imprisonment in Zia Orphanage Trust graft case.
The appeal plea was filed with a branch of High Court at about 3:00pm on Tuesday, said Khaleda Zia’s lawyer Barrister Kaysar Kamal.
Earlier, the senior lawyers of Khaleda Zia hold meeting for several hours at the hall room of Supreme Court’s bar in the morning. Barrister Moudud Ahmed, Khandaker Mahbub Hossain, AJ Mohammad Ali, Abdur Rezak Khan, Barrister Mahbubuddin Khokon, Barrister Badruddoza Badal, Sanaullah Mia, Aminul Islam, and Masud Ahmed Talukder were present during the meeting.
The lawyers of BNP chief on Monday afternoon received the certified copy of the verdict. Khaleda’s lawyer Advocate Sanaullah Mia received the 1174-page copy of the verdict, 10 days after it was pronounced.
On February 8 last, the court read out a 632-page summarised version of the verdict and today it released the full 1174-page copy of the verdict.
On Sunday, Khaleda’s lawyers filed a petition with the Dhaka Special Judge Court-5 seeking a copy of the judgment after having failed to receive it even 11 days after the verdict.
Judge Akhtaruzzaman assured him of providing the certified copy on Monday.
On 8 February, the special court convicted the former Prime Minister and BNP chairperson and sentenced her to five years’ imprisonment in the Zia Orphanage Trust graft case.
She was then sent to the old central jail at Nazimuddin Road in the city.
On the same day, BNP lawyers sought a certified copy of the verdict to file an appeal against the imprisonment but they were yet to get it.
The Anti-Corruption Commission (ACC) filed the Zia Orphanage Trust graft case on July 3, 2008 with Ramna Police Station accusing Khaleda, her eldest son Tarique Rahman, now living in the UK, and four others of misappropriating over 2.10 crore that came as grants from a foreign bank for orphans.
Though pro-BNP lawyers and the party are claiming that Khaleda will get bail and she will be eligible for the next general election after filing an appeal with the apex court, legal and election experts have no clear answer to it as they think it fully depends on the apex court.
As per Article 66(2) (d) of the Constitution, anyone sentenced to jail for a term not less than two years for ethical or moral misconduct, and until five years have elapsed since the date of his/her release shall be disqualified for the contesting the parliamentary election.
Law Minister Anisul Huq said there are two verdicts of the Supreme Court and the High Court in this regard. ‘One verdict says until the disposal of the appeal the case proceeding is considered incomplete and the person is not convicted. So, the convicted person will be able to take part in polls.’
However, the other verdict says the convicted person cannot take part in the national election with having an appeal against the lower court conviction pending. ‘So, the apex court and the Election Commission will decide it now.’