Commentary: Attorney General`s appearance confirms too much bureaucracy and too little politics

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The Appellate Division of Supreme Court led by Chief Justice Syed Mahmud Hossain on Wednesday set May 15 for order after completing hearing of the bail petition of Begum Khaleda Zia and two appeals filed opposing her bail by the Anti-Corruption Commission (ACC) and the government.

Any politically guided government would have stayed away from Begum Khaleda Zia’s corruption cases to show that the government has no political vendetta against the leader of the main rival party. But some highly placed men in power including the Prime Minister articulated often and loudly showing jubilation at her conviction on Zia Orphanage Trust case. The allegation is not that she has stolen any money but Taka two crore was temporarily misused that it was later refunded.

The government by its own acts have created the public perception that the government is manipulating the criminal cases for political persecution. It had no difficulty in feeling no shame for ignoring the fact that never before banks were so happily plundered by men enjoying favourable relationship with the government. Corruption with public money is no corruption.

The Attorney General appeared unnecessarily in the hearing only to give a certificate that the Anti-Corruption Commission has rightly initiated the case against Begum Khaleda Zia because, in his words, government money was stolen. So the huge amounts of money the government people are stealing is no stealing because the money is government’s money. But there is no government money for the government to take freely. They are also stealing public money.

It is normal for a person sentenced to five years imprisonment to get bail by the court. Begum Khaleda Zia was on bail all along during the trial. It is also a fact that an appeal is continuation of the trial so her conviction has not been finalised. As she was on bail during trial so she should remain on bail. The High Court Division accordingly granted her bail.

There are hundreds of cases to support that bail was granted for such short sentences of imprisonment, unless there existed special reason for not being trustworthy. She is an elderly lady and Prime Minister for three times and did not misuse bail. Yet we have to admit that granting bail is the discretion of the court but it is judicial discretion. Other than this we make no comment. We shall wait for the order of the Appellate Division till 15th May.

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Mentionably, the HC on March 12 granted Begum Zia four months’ bail in Zia Orphanage case in which she was sentenced to five years in prison. She landed in jail on February 8 but one week later, the SC stayed the HC bail order following two leave-to-appeal petitions by the ACC and the government.

Attorney General (AG) Mahbubey Alam’s participation in the hearing of ACC’s appeal against Begum Zia’s bail petition has raised bitter controversy in the open court forcing the Chief Justice to intervene. The ACC is an independent body and has its own team of lawyers. Begum Zia’s lawyers found it most unusual as to why the AG is opposing bail when the case is to be argued by ACC lawyers independently and they were desperately trying for cancelling her bail granted by the High Court Division.

We are sure the appearance of the Attorney General was irrelevant and only added to the bad reputation of the government not having faith in the rule of law.

Somehow the government has created, through its overzealous followers, an atmosphere in which the fundamental rights and liberty of people have no guarantee as provided by the Constitution. The wish of the government is supreme.

Some of us are proving to be jelly fish having no backbones. That is the moving idea behind the present government in choosing those who have no integrity and no courage.

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