UNB :
The High Court is likely to hear the writ petition filed on Monday seeking its directive on the government to let BNP Chairperson Khaleda Zia go abroad for advanced treatment.
The bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman may hear the petition as it has been kept on the cause-list of the court, said Supreme Court lawyer Eunus Ali Akond.
On Monday, Advocate Eunus filed the petition seeking the court’s directive on the government to allow the former premier to go abroad as per articles 11, 32 and 49 of the Constitution, Code of Criminal Procedures (CrPC) and the International Human Rights Charter declared by the United Nations.
Also Read- BNP: Khaleda Zia going through a tough time in hospital
Cabinet secretary, secretary to the president’s office, chief secretary to the prime minister, home and law secretaries were named as respondents in the writ petition.
Earlier this month, Law Minister Anisul Huq said the government was assessing whether there is any legal option to allow the BNP chief to go abroad for medical treatment.
“As there haven many applications, including from lawyers, I think it is appropriate to come to a well-thought-out decision after examining all aspects and whether any scope to do something in any way,” he added.
The 76-year-old BNP chief has been receiving treatment at Evercare Hospital for various health complications since November 13.
Also Read- What awaits Khaleda Zia?
Her medical board members on November 28 said she immediately needs to go abroad for better treatment as she was diagnosed with liver cirrhosis.
On behalf of her family, Khaleda’s younger brother, Shamim Iskander, submitted an application to the Home Ministry on November 11 seeking permission to take her abroad for treatment.
Though the government earlier twice turned down such applications, it is taking time to dispose of the fresh plea of the BNP chief’s family.
On November 28, the Law Minister told parliament that Khaleda is now free as she is not in government custody.
He also said as Khaleda was temporarily released under section 401 of the Criminal Code of Procedure based on some conditions, including not leaving the country, there is no provision in the law to allow her to go abroad now until she submits a fresh petition after returning to jail.
BNP leaders and pro-BNP lawyers, however, have long been arguing that the government has the unlimited authority to take any decision in this regard under Section 401 of the CrPC.
