Khaleda looks to contest from jail

BNP Chairperson Khaleda Zia, who has been in jail since February 8 for conviction in a graft case, wants to contest the upcoming parliamentary polls from three constituencies, and nomination forms were bought for her yesterday.

The party started its distribution of nomination papers on the day amid much fanfare and enthusiasm with aspiring candidates swarming the party's central office in Nayapaltan.    

Four hours after collecting Khaleda's forms, five senior leaders met her inside the old Dhaka central jail where she has been staying for the last nine months.

They enquired about her health and briefed her on the latest political situation and party's electoral activities, two of the leaders told The Daily Star.

"She will contest the polls from three parliamentary constituencies in Bogra and Feni," said Moudud Ahmed, a member of BNP's standing committee.

The nomination forms will be sent to her today through jail authorities to have her signature on those, said former speaker Jamir Uddin Sircar, another standing committee member of the party. 

On completion of all the formalities, the forms will be filed with the returning officers concerned, seeking her candidacy from Bogra-6 and 7 and Feni-1.

Asked if Khaleda will face any obstacle in running for the election because of the two recent verdicts on her, Moudud said her lawyers will sit soon to discuss the legal issues.

On October 29, the BNP chief was sentenced to seven years in jail by a lower court in Zia Charitable Trust graft case.

She lost another legal battle the next day as the High Court doubled her five-year jail term handed down by a lower court in the Zia Orphanage Trust graft case in February. Her appeal was rejected by the HC against the lower court's conviction.

Her lawyers are yet to file appeals against both the verdicts as they did not get certified copies of the judgments. They think they need to file the appeals as soon as possible so that she does not face any difficulty joining the electoral race.

The two verdicts have opened a debate whether Khaleda, a former prime minister, is eligible to contest the polls.  

It remains a disputed issue as to when the disqualification under the article 66 (2) (d) of the constitution will take effect on an individual.

The article 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 moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.”

In a number of Supreme Court verdicts in cases related to Jatiya Party Chairman HM Ershad, it has been observed that as long as someone's conviction has not become final and his/her appeal remains pending against the conviction, a parliamentary aspirant cannot be disqualified from running for polls and an incumbent MP cannot be removed citing article 66 (2) (d) of the constitution.

Talking to journalists yesterday, Election Commissioner Rafiqul Islam said deciding the fate of Khaleda Zia's nomination papers is the jurisdiction of the returning officers of the constituencies.

She can file appeal with the EC if she feels aggrieved by the decision of the returning officers, he said. "The full commission will dispose of the appeal." 

The BNP chairperson can move the court if the EC's decision goes against her, the election commissioner added. 

Since landing in jail in February, Khaleda had also been struggling to secure bail in a number of other cases to come out of prison. Facing more than three dozen cases, she was granted bail in some but denied in the rest.

The returning officers are supposed to make the decision on her nomination forms on December 2, the day fixed for scrutiny. 

As per the new schedule, the election will be held on December 30. November 28 is the last date for submitting nomination forms and December 9 for withdrawing candidacy.

The Election Commission yesterday announced its decision to reschedule the election amid calls for a deferment of the polls from the BNP-led 20-party alliance and Jatiya Oikyafront.

At the meeting with party's senior leaders, Khaleda asked them to keep intact the unity of Jatiya Oikyafront, a newly formed alliance of the BNP and some other parties, and take it forward further.

“Madam expressed hope that we would move ahead taking with us the people,” BNP Secretary General Mirza Fakhrul Islam Alamgir told reporters after meeting the party chief.

Talking to this newspaper, Moudud and Jamiruddin said Khaleda advised her party colleagues to persuade international community to send a large number of observers during the election.

SALE OF NOMINATION PAPERS

The distribution of nomination papers started a day after the 20-party combine and Oikyafront announced the decision to join the parliamentary polls.

The sale began with BNP leaders Mirza Fakhrul, Nazrul Islam Khan and Mirza Abbas purchasing three nomination forms for Khaleda around 10:45am amid presence of thousands of party men in and outside the party office.

Since morning, nomination seekers from across the country began to throng the Nayapaltan office accompanied by supporters. Within hours, the streets in front of the office and adjacent roads were filled with BNP men.

After the Election Commission on Thursday announced the polls schedule fixing December 23 for the election, there were two different pictures in the two rival camps -- Awami League and BNP.

There was much festivity at the AL chief's Dhanmondi office the next day with gathering of thousands of party leaders and activists.

On the other hand, the BNP's Nayapaltan office was wearing a deserted look. But the situation changed soon after the party's announcement of joining the polls on Sunday.

Since early morning yesterday, party leaders and activists in small processions started to throng the party office, chanting slogans demanding release of Khaleda Zia.

The forms were sold from eight booths set up inside the party's office building from 10:00am to 7:00pm at Tk 5,000 each.

The aspirants have to submit their papers either on Wednesday 10:00am to 4:00pm or at the same time on Thursday with Tk 25,000 as non-refundable deposit.

The party sold 1,326 nomination forms yesterday.

In 2008 election, 3,186 BNP hopefuls collected nomination forms from the party.

After collecting his nomination form in the morning, BNP Secretary General Mirza Fakhrul said their participation in the election is part of their movement for restoring democracy and freeing their chairperson Khaleda from jail.

The country lacks minimum atmosphere for a free and fair election and the opposition leaders and activists are being arrested continuously, alleged Fakhrul.

"We may review our decision to join the election if a congenial atmosphere for fair polls does not exist."