UNB, Dhaka :
The High Court on Sunday delivered dissenting verdicts on two writ petitions filed by BNP chairperson Khaleda Zia challenging the legality of the appointment of a special judge who framed charges against her in the Zia Charitable Trust and Zia Orphanage Trust graft cases.
While the senior judge of the HC bench Justice Farah Mahbub stayed the proceedings of the two cases for three months, junior judge Justice Kazi Md Ejarul Haque Akondo outright rejected the petitions.
The senior judge also issued a rule upon the government to explain as to why the appointment of special Judge Basudev Roy who framed charges in the two graft cases should not be declared illegal.
Later, the two petitions were sent to Chief Justice M Muzammel Hossain who will assign another HC bench for hearing those.
The trial proceedings of the two cases will remain halted until the two writs are disposed of, said Khaleda’s lawyers.
On May 12, Khaleda’s counsel Mohammad Asaduzzaman filed the writs on her behalf challenging the legality of the appointment of special Judge Basudev Roy who framed charges in the two graft cases.
The writs also sought a stay order on the further trial proceedings of the two graft cases.
The writs said, as per the Section 3 of the Criminal Law (Amendment) Act, 1958, a gazette notification has to be issued on the appointment of a judge to a special court.
However, no gazette was issued on the appointment of special judge Basudev
Roy who framed charges in the two cases, these said, adding that so, the holding of the trial proceedings by the judge was not lawful.
On March 19, Judge Basudev Roy of the Dhaka’s Special Judge Court-3 framed charges against BNP Chairperson Khaleda Zia, her son Tarique Rahman and seven others rejecting their time petition in the Zia Charitable Trust and Zia Orphanage Trust graft cases.
On April 13, the BNP chief filed separate revision appeals with the High Court seeking to quash the lower court indictment orders against her in the two graft cases. However, the HC on April 23 rejected the two petitions.
On August 8, 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station accusing four people, including Khaleda Zia, of abusing power in raising funds for the trust from unknown sources.
ACC deputy director Harunur Rashid, also an investigation officer of the case, pressed charges against the accused on January 16, 2012.
Besides, the ACC filed the Zia Orphanage Trust graft case on July 3, 2008 with Ramna Police Station accusing Khaleda Zia, her eldest son Tarique Rahman, now living in the UK after securing bail, and four others for misappropriating over Tk 2.10 crore which came as grants from a foreign bank for orphans.
On August 5, 2010, Harunur Rashid submitted a charge-sheet to the court in the case against six people, including BNP chairperson Khaleda Zia.
