Graft case verdict: Zubaida now ineligible for elections

BNP acting chairman Tarique Rahman's wife, Zubaida Rahman, has been rendered ineligible to run in national elections, like her husband, after receiving a three-year prison sentence in a graft case on Wednesday.

Dhaka Metropolitan Sessions Judge Court convicted BNP acting chairman Tarique Rahman and sentenced him to nine years' imprisonment, and his wife Zubaida Rahman to three years in jail, in a graft case filed by the Anti-Corruption Commission in 2007 for amassing illegal wealth of Tk4.81 crore and concealing information about the wealth.

Tarique was also fined Tk3 crore, in default of which he will have to serve three more months in jail. The court fined Zubaida Tk45 lakh, and if she fails to pay the money, she will have to serve one more month in prison.

Additionally, Tarique's Tk2.74 crore has been declared confiscated in favour of the state. Dhaka Metropolitan Sessions Judge Md Asaduzzaman gave the verdict on Wednesday.

As a result of the ruling, Zubaida Rahman has been found guilty and, according to the constitution of Bangladesh, is now ineligible to run for elections. Previously, former prime minister and BNP Chairperson Khaleda Zia, along with BNP acting chairman Tarique Rahman, had already been convicted in two cases and five cases, respectively, including the August 21 grenade attack.

Consequently, they are unable to compete in the elections, being deemed ineligible under the constitution of Bangladesh. And now, Zubaida Rahman’s path to election participation has also been closed, marking another significant political setback for the party.
What does the Constitution say?

According to Article 66(2)(d) of the Constitution, 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 release.

In the case of Zubaida Rahman, if she wishes to participate in the elections, she will have to surrender herself to the judicial court and go to jail before appealing to the High Court.

Only if the punishment is revoked or suspended on appeal will she be able to take part in the elections. What do lawyers say?

Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan said if someone is sentenced to more than two years for moral turpitude, they cannot participate in the election.

“Zubaida Rahman has been found guilty, meaning she is ineligible to be a candidate in the election. There is no opportunity for her to participate,” he said.

“If she wants to participate in the election, she will have to surrender to the judicial court. Subsequently, she must go to jail and appeal to the High Court. Only if the punishment is annulled or suspended in the appeal will she be able to participate in the election. Nothing else is possible,” he added.

Lawyer Syed Zainul Abedin Mesbah representing BNP said: “We believe that if there is an environment for elections in the country and if they can return to the country, it is possible to contest the election by suspending the sentence through an appeal.”

When asked if the sentence would be suspended if an appeal was made, he replied: "If the judicial system operates in a rule-based manner and can work independently, we hope the verdict will be suspended upon appeal."

Dhaka Metropolitan Sessions Judge's Court Public Prosecutor Abdullah Abu said: “Our Constitution states that if someone is sentenced to more than two years, they cannot participate in the election. In this case, Zubaida Rahman has been sentenced to three years. She has become ineligible to be a candidate in the election. There is no opportunity for her to participate in the election.”

Anti-Corruption Commission (ACC) on September 26, 2007, filed the case against Tarique Rahman, his wife Zubaida Rahman and mother-in-law Iqbal-Mand Banu for amassing illegal wealth of Taka 4.81 crore and concealing information about the asset.

The anti-graft body filed the charge-sheet in 2008. Zubaida in 2008 filed a petition with the High Court, pleading to quash the proceedings of the case. The High Court in the same year stayed the proceedings of the case, which was later upheld by the Appellate Division.

The court on April 13, 2013, framed charges against the two fugitive accused as it scrapped a petition to allow them to appoint lawyers to defend them in absentia. The High Court after holding final hearing on the matter, cancelled the plea of Zubaida on April 12, 2017. It had also asked her to appear before the trial court concerned within eight weeks. Zubaida later filed a leave to appeal petition against the High Court order.

The Appellate Division of the Supreme Court on April 13, 2022, scrapped Zubaida's leave to appeal petition and upheld the High Court order. On November 1, 2022, the lower court concerned issued arrest warrants against the couple after accepting the charges pressed against them. On February 6, 2023, the court issued a gazette asking the couple to appear before the court.

Earlier on July 24, the court fixed Thursday for placing legal arguments as testimonies ended in the case on that day. A total 43 witnesses out of 56 testified in the case. Then, the court on July 27, fixed the date for pronouncing the judgment of the graft case.

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