The government will plea at the Supreme Court seeking a stay order on a High Court order that halted conviction and sentence of BNP candidate for Jashore-2 Sabira Sultana.
Attorney General Mahbubey Alam disclosed the matter while talking to media outlet Daily Star, reports the daily here on Friday.
He said 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.
Referring to an observation by a HC bench, the state’s counsel said 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 also added that the Appellate Division of the SC has not interfered in the HC’s observation.
On Thursday, the High Court passed an order that cleared the BNP candidate’s way to contest the polls scheduled to December 30.
The BNP nominee was convicted and sentenced to six-year jail in a corruption case.
In 2009, the Anti Corruption Commission found Tk 1.78 crore illegal wealth and Tk 70 lakh concealed wealth in her wealth statement as she was the chairman of Jhikargacha upazila then.
Later on January 9, 2011, the ACC filed a case against Sabira with Dhanmondi Police Station.
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