Staff Reporter :
The Appellate Division of the Supreme Court on Tuesday started the appeal hearing against the bail order of BNP Chairperson Khaleda Zia in ‘Zia Orphanage Trust’ case, in which she is currently serving a five-year term in prison.
After the day’s proceedings, the apex court adjourned the hearing till today (Wednesday) morning.
During the hearing, the defence lawyers raised question over the jurisdiction of Attorney General Mahbubey Alam, who opposed her bail after taking part in the hearing of the appeal.
A J Mohammad Ali, one of the counsels for Khaleda Zia, said, “The ACC law does not allow the AG to take part in the hearing. The AG came before the court with malafide intention and politically motivated. He is trying to show something before the court so that the court cannot grant her bail in the case.”
The Appellate Division yesterday 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.
The jam-packed courtroom of the Appellate Division witnessed chaotic situation for several times while Attorney General Mahbubey Alam was placing his arguments before the apex court. Defence Counsel A J Mohammad Ali, one of the counsels for Khaleda Zia, started his arguments raising the question of Attorney General’s jurisdiction in taking part in the hearing.
However, the four-member bench of the Appellate Division headed by the Chief Justice asked the senior lawyers to bring congenial atmosphere in the courtroom so that it can continue the appeal hearing smoothly.
During the day’s proceedings, Advocate Khurshid Alam Khan, counsel for the Anti-Corruption Commission (ACC), started placing his arguments before the apex court at 9.35 am.
Khurshed told the court that the High Court did not consider the gravity of the offence committed by Khaleda Zia, a former Prime Minister, when granting her bail in the case. Even the defence lawyers did not submit any medical certificate, although they claimed that Khaleda was suffering from different diseases, he added.
He also said that the HC granted bail to Khaleda on consideration of her old age and social status, and considering the short sentence, which is not a legal ground for granting bail.
Khurshed raised question over the short sentence definition saying that there was no definition in the law about the short sentence. Therefore, the BNP chief could not get bail in the case.
Although the lower court given 10 years imprisonment to all other accused in the case, it awarded only five years imprisonment to the main accused of the case, which was not right in the eye of law, he said.
The HC made contradictory statements during granting bail for Khaleda as the HC cannot ask to prepare the paper-book of the case at the time of granting bail. But, it asked the authorities concerned to prepare the paper-book within four months, which was contradictory with granting bail, he added.
Attorney General (AG) Mahbubey Alam taking part in the hearing said that the paper-book on the appeals filed by Khaleda Zia with the High Court against the lower court conviction has already been prepared.
All relevant documents, including paper-book, lower court judgement and other materials have already been prepared in the meantime. The High Court can start the appeal hearing from now on, if it wanted to do so. The court may acquit her in the appeal, and therefore, the Supreme Court need not grant her bail now, the chief law officer of the state said.
In 67 dates of hearing, the BNP chief was present only few days before the lower court during the trial proceeding of Zia Orphanage Trust corruption case, the AG said.
At this stage, Supreme Court Bar Association (SCBA) President Advocate Zainul Abedin told the court that the chief law officer of the state cannot place such arguments before the court in the case as he is the Attorney General for all and for the country.
“We come here with the bail petition of BNP Chairperson Khaleda Zia. But we cannot understand the speech of Attorney General. He cannot place such type of argument during the bail hearing of the case,” Zainul Abedin said.
Then the lawyers, who were present into the courtroom, said loudly yes, yes, shame and shame.
But, the Chief Justice asked the lawyer to become silent and then the AG started his argument again saying that Khaleda Zia misused the special court’s bail earlier.
Referring example of former Brazil and South Korean Presidents, who were in jail for graft charges and misused of power, the AG said that the courts of those countries were not seen the matter of the allegations brought against them slightly. So, in our country, the court should take the matter of Khaleda Zia’s case seriously as none is above the law, he added.
The chief law officer of the state also said that Khaleda Zia was suffering in several complications, including hypertension, diabetes and knee problem. Doctors had suggested her not to move. Although the lower court awarded her five-year rigorous imprisonment, she was given relax in jail considering her complications. She is needed to rest as per the doctors’ suggestions, the AG said, adding: “She is confined. She is now on rest.”
The lawyers present in the courtroom started laughing after hearing AG’s submission.
Once again, the SCBA president stood and told the court that the chief law officer of the state cannot take part in the hearing of the case. He AG cannot place such type of arguments, he mentioned.
Then, the lawyers shouted in the courtroom and said shame, shame.
The chief justice told the lawyers, sit down, sit down, and let him (AG) to submit his arguments.
After that the AG started the argument and said that although there was no instance of keeping house servant in the jail, the government provided house servant in the jail to BNP chief as per her demand.
Former SCBA president Khandker Mahbub Hossain, one of the counsels for Khaleda, told the court that they have submitted bail application. But, what the Attorney General is saying at this stage, he asked.
At this stage, A J Mohammad Ali stood and raised the question about the jurisdiction of taking part in the hearing by the Attorney General saying that the law does allow the AG to take part in the hearing.
“The AG came before the court with malafide intention and politically motivated. He is trying to show something before the court so that the court cannot grant her bail in the case,” AJ Mohammad Ali said.
“No, you are not rightly submitted the argument, rather you have submitted argument with malafide intention, which is politically motivated,” Ali said.
Then, the courtroom witnessed chaotic situation as the agitated lawyers shouted and loudly spoke against the Attorney General.
Then, the CJ and other apex court judges asked the lawyers to become silent.
After that Ali told the court that as per the ACC law the AG cannot take part in the hearing as there is a formal party and the ACC submitted their argument before the court.
Citing several sections of the ACC law, Ali said that the independent ACC has prosecution team. So, the AG cannot take part in the hearing, he noted.
Mohammad Ali also sought bail for the BNP chief saying that there is no single instance that the Appellate Division of the Supreme Court interfered with the High Court bail order. Rather, there were many instances that the Appellate Division has granted bail for the accused persons who were not secured bail from the High Court. So, the Appellate Division should grant bail for Khaleda Zia, Ali noted.
Citing example of BNP leader Moshiur Rahman case, Ali said that the lower court awarded ten years imprisonment to Moshiur Rahman in a graft case filed by the ACC. But, the HC granted his bail and the Appellate Division has also upheld the HC order in the case. So, the Supreme Court should grant bail to Khaleda Zia as the High Court granted her bail earlier.
After that the apex court adjourned hearing on the appeal till this (Wednesday) morning.
Earlier, on March 19, the Appellate Division of the Supreme Court stayed the HC bail order following two leave-to-appeal petitions filed by the ACC and the government.
On March 12, the HC had granted Khaleda four months’ bail in which she was convicted and jailed for five years in the Zia Orphanage Trust corruption case.
On February 8, the special judge’s court-5 of Dhaka sentenced Khaleda to five years’ rigorous imprisonment after it found her and five others guilty in the graft case.