Staff Reporter :
The Appellate Division of the Supreme Court on Wednesday fixed May 15 to pass order on BNP Chairperson Khaleda Zia’s bail in Zia Orphanage Trust case in which she is now serving a five-year jail term.
A four-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain set the date after completing hearing on two appeal petitions filed by the ACC and the government against the High Court order that granted bail to her in the case.
During the hearing, Anti-Corruption Commission (ACC) lawyer Khurshed Alam Khan and Attorney General Mahbubey Alam prayed to the apex court to scrap the bail given to Khaleda Zia.
On the other hand, Khaleda’s lawyers A J Mohammad Ali, Advocate Khandker Mahbub Hossian, Advocate Zainul Abedin and Barrister Moudud Ahmed— prayed to the apex court to uphold the bail order.
The High Court on March 12 granted her four months’ bail in Zia Orphanage Trust case in which she was sentenced to five years in prison.
She landed in jail on February 8 after the special judge’s court-5 of Dhaka sentenced Khaleda to imprisonment as the court found her and five others guilty in the case.
A week later, the SC stayed the HC bail order following two leave-to-appeal petitions filed by the Anti-Corruption Commission and the government. The apex court fixed yesterday for hearing the petitions.
It is to be noted that like the previous day the Appellate Division on Wednesday also witnessed heated arguments during the hearing on the bail petition filed by BNP Chairperson Khaleda Zia against the lower court verdict that sentenced her five years in jail.
Hearing was started at 9.20 am yesterday. Citing two references of bail, Advocate A J Mohammad Ali said, in our judiciary, the Appellate Division did not interfere in 99.99 percent cases after the High Court had grant bail to the accused.
In reply Justice Hasan Foez Siddique said, “An accused was fugitive for 25 years. Then the police arrested him. The High Court granted him bail the following day. That’s the example. The case is now in the Chamber Court.” Then A J Mohammad Ali said, “Exception cannot be an example. The state is trying to prosecute this case speedily from all other cases. Whether we believe or not, the total state machineries are linked to this case. This is one kind of arbitrariness. Justice is intervened. The lawyers are now constrained to think that bail in the case depends on special clearance.”
Then the Chief Justice said, “There is no benefit to say like this.”
A J Mohammad Ali said, “Khaleda Zia is kept in a solitary jail. It is not a regular jail building. The government is showing arbitrariness. The ACC has already filed a revision petition seeking extension of Khaleda’s jail term. The government is trying to settle the case with speed. This case has different purpose. This is unexpected. In this circumstance, the HC granted her bail considering her age, physical condition and shorter sentence. We hope this bail will continue for the sake of justice. It is not fair to interfere the HC order.”
He also said, “The trial court said, it was a financial crime. So, she needs to be punished. But there is law in the country for such kind of crime. There is no opportunity to punish any person under penal code 409 for a financial crime. Citing the term ‘financial crime’, the trial court proved that they had punished Khaleda Zia intentionally in this case.”
Khandker Mahbub Hossain said, “I can challenge that the prosecution team is not able to cite even a single example that the Appellate Division interfered in any bail order passed by the High Court in a case. The government has accepted a plan of minus one theory. As part of it they want to minus Khaleda Zia keeping the gun on the court’s neck. It’s a bad sign. There are more than 33 lakh cases in the country. Among these, more than four lakh cases are in the Supreme Court and more than 16 thousand cases are in the Appellate Division. But why the Attorney General is trying to hear only this case speedily?”
Advocate Zainul Abedin said, Attorney General has no jurisdiction to take part in the hearing of this case as per law. Then the Chief Justice asked, “So, why do you make the state a party in your petition?” In reply Adovcate Zainul said, “It’s a normal procedure. So we did it.”
Then the court said, “Khaleda Zia is now under the custody of the state.” Then Zainul Abedin said, “The government has different intention behind this appeal.” The court said, “Whether it is wrong or right, we allowed them to file appeal.” Then Zainul Abedin said, “Whether it is wrong or right, the HC granted her bail. Now you (SC) hold this bail.” Advocate Zainul also said, “The HC quashed the case of Prime Minister Sheikh Hasina. But the ACC did not appeal against that order, even not the state. They did not also appeal against many leaders of the ruling party. But the state and the ACC have chosen this case. By this the government has imposed a burden on the court. We are afraid whether justice will prevail in the long run.”
Referring to Khaleda Zia’s alarming health condition, Advocate Zainul also said, “If she got bail then her health condition didn’t deteriorate so much. Court is for man, man is not for court. So, the court should see everything. You have an eye excepting the written books. You are responsible to uphold the dignity of the court. ”
In the last stage of the hearing, ACC lawyer Khurshed Alam Khan stood to answer the Khaleda Zia’s lawyer. Then the court asked him to show an example of a case in which the Appellate Division interfered the bail order passed by the High Court. The court also wanted to know from him that who was the main accused in this case. Then Advocate Khurshed said, “The trial court has done a mistake here. So we filed revision petition with the High Court.”
Then the Attorney General started his hearing. He said, “It was a fund for the orphans. It was not a private or personal trust. So, the ACC performed its perfect duty filing the case.” About Khaleda’s health condition Attorney General said, “She was doing politics with this physical condition. She discharged the duties of the Prime Minister with this health condition. She is habituated with this condition. Bail cannot be granted.”
Then the court fixed May 15 to pass order on Khaleda’s bail.
