Staff Reporter :
Khaleda Zia’s lawyers have said a jail cannot be a court. Government’s decision to set up a court in the jail is an intentional and mala-fide decision.
It is to be noted that the government has set up a temporary court at the old Dhaka central jail to hold the trial of BNP Chairperson Khaleda Zia and three others in the Zia Charitable Trust case.
Deputy Commissioner (DC, Prosecution) Anisur Rahman on Tuesday confirmed the development to the media.
Judge Md Akhtaruzzaman of the Special Judge Court-5 will hold the trial from today (Wednesday).
The decision was made as Khaleda Zia has not been produced before the makeshift court at Bakshibazar Alia Madrasa in the Zia Charitable Trust case since she was convicted in the Zia Orphanage Trust graft case on February 8, 2018, and is now serving five years’ rigorous imprisonment at the old central jail in Nazimuddin Road of Old Dhaka, the DC said.
Khaleda Zia’s lawyer Barrister A M Mahbub Uddin Khokan said, “It is a mala-fide and intentional decision. This is also illegal. There is no opportunity to set up a court in the jail.”
“Khaleda Zia is sick and jail authority’s report also claimed this. So, one judge cannot force one sick person to appear in the court for trial,” Barrister Khokan said.
Barrister A K M Ehsanur Rahman, another counsel for Khaleda Zia, said, “Governemnt’s decision to set up a temporary court in the jail is contrary to the Article 35 of the Constitution. As per the Article, every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law.”
“When you set up a special court in the indoor of a jail then that court turned into a restricted court and it loses the characteristic of an independent and impartial Court. So, this is a disgusting decision and by such decision government has violated the fundamental right of Khaleda Zia guaranteed by Article 35 of the Constitution,” mentioned Barrister Ehsanur.
He also said, “The government has transferred the case with an ulterior motive to convict her again with this false case as soon as possible and finally to debar her from participating in the forthcoming national election.”
Anti-Corruption Commission’s lawyer Advocate Mossarraf Hossain Kazal said, “Khaleda Zia has not been produced in the makeshift court at Bakshibazar Alia Madrasa in the Zia Charitable Trust case since she was convicted in the Zia Orphanage Trust graft case. That is why the trial is delaying. In this circumstance, the judge decided to set up the court in the jail building. The trial will be held publicly and with the presence of media persons.”
“A judge has the jurisdiction to set up a court in the jail. The court will be open for all. Only the place has changed. There will be no secret trials here,” Advocate Kazal added.
The Anti-Corruption Commission (ACC) filed the Zia Charitable Trust case with Tejgaon Police Station in August 2011, accusing Khaleda Zia and three others of abusing power to raise funds for the trust from unknown sources.
The three other accused in the case are: Harris Chowdhury, Political Secretary of the then Prime Minister Khaleda between 2001 and 2006; Ziaul Islam Munna, Assistant Private Secretary (APS) to Harris; and Monirul Islam Khan, APS to former Dhaka City Mayor Sadeque Hossain Khoka.
Khaleda Zia’s lawyers have said a jail cannot be a court. Government’s decision to set up a court in the jail is an intentional and mala-fide decision.
It is to be noted that the government has set up a temporary court at the old Dhaka central jail to hold the trial of BNP Chairperson Khaleda Zia and three others in the Zia Charitable Trust case.
Deputy Commissioner (DC, Prosecution) Anisur Rahman on Tuesday confirmed the development to the media.
Judge Md Akhtaruzzaman of the Special Judge Court-5 will hold the trial from today (Wednesday).
The decision was made as Khaleda Zia has not been produced before the makeshift court at Bakshibazar Alia Madrasa in the Zia Charitable Trust case since she was convicted in the Zia Orphanage Trust graft case on February 8, 2018, and is now serving five years’ rigorous imprisonment at the old central jail in Nazimuddin Road of Old Dhaka, the DC said.
Khaleda Zia’s lawyer Barrister A M Mahbub Uddin Khokan said, “It is a mala-fide and intentional decision. This is also illegal. There is no opportunity to set up a court in the jail.”
“Khaleda Zia is sick and jail authority’s report also claimed this. So, one judge cannot force one sick person to appear in the court for trial,” Barrister Khokan said.
Barrister A K M Ehsanur Rahman, another counsel for Khaleda Zia, said, “Governemnt’s decision to set up a temporary court in the jail is contrary to the Article 35 of the Constitution. As per the Article, every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law.”
“When you set up a special court in the indoor of a jail then that court turned into a restricted court and it loses the characteristic of an independent and impartial Court. So, this is a disgusting decision and by such decision government has violated the fundamental right of Khaleda Zia guaranteed by Article 35 of the Constitution,” mentioned Barrister Ehsanur.
He also said, “The government has transferred the case with an ulterior motive to convict her again with this false case as soon as possible and finally to debar her from participating in the forthcoming national election.”
Anti-Corruption Commission’s lawyer Advocate Mossarraf Hossain Kazal said, “Khaleda Zia has not been produced in the makeshift court at Bakshibazar Alia Madrasa in the Zia Charitable Trust case since she was convicted in the Zia Orphanage Trust graft case. That is why the trial is delaying. In this circumstance, the judge decided to set up the court in the jail building. The trial will be held publicly and with the presence of media persons.”
“A judge has the jurisdiction to set up a court in the jail. The court will be open for all. Only the place has changed. There will be no secret trials here,” Advocate Kazal added.
The Anti-Corruption Commission (ACC) filed the Zia Charitable Trust case with Tejgaon Police Station in August 2011, accusing Khaleda Zia and three others of abusing power to raise funds for the trust from unknown sources.
The three other accused in the case are: Harris Chowdhury, Political Secretary of the then Prime Minister Khaleda between 2001 and 2006; Ziaul Islam Munna, Assistant Private Secretary (APS) to Harris; and Monirul Islam Khan, APS to former Dhaka City Mayor Sadeque Hossain Khoka.
