Case documents not yet sent: Khaleda’s lawyers accusing govt of intervention

A delegation of BNP Standing Committee led by Mirza Fakhrul Islam Alamgir coming out from jail after meeting Khaleda Zia on Wednesday for the first time after her one month's imprisonment at Dhaka Central Jail.
A delegation of BNP Standing Committee led by Mirza Fakhrul Islam Alamgir coming out from jail after meeting Khaleda Zia on Wednesday for the first time after her one month's imprisonment at Dhaka Central Jail.
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Gulam Rabbani :
BNP Chairperson Begum Khaleda Zia’s lawyers are accusing the government of not sending the Zia Orphanage Trust case documents to the High Court (HC) yet. They said, the government does not want Khaleda’s immediate release.
Contrarily reasonable time may be taken to send the documents, said Attorney General Mahbubey Alam.
This delay has bewildered BNP Chairperson and her lawyers unexpectedly. As long as the documents are not reaching the HC, Khaleda Zia will have to wait for bail in the case.
Advocate Zainul Abedin, one of the lawyers of BNP Chairperson and also President of the Supreme Court Bar Association, said, “We think, the government is creating obstacles. Maybe, the ruling party does not want Khaleda Zia’s release soon.”
Barrister A M Mahbub Uddin Khokan said, “Law Ministry has hands behind it. The government wants Khaleda’s prison time as long as possible.”
He said, they will refer to the case documents in the HC today.
Attorney General Mahbubey Alam said, his office had not received any document from the trial court till now.
 “But it may take time for logical reasons. Preparation of papers and checking need time,” the Attorney General also said.
On February 25, the High Court did not pass any order after hearing on her petition. The HC said, it will deliver an order on her bail prayer after getting the case records from the lower court that sentenced her to imprisonment in the Zia Orphanage case.
The former Prime Minister on February 20 filed an appeal with the HC and also sought bail, challenging the special court’s verdict.
On February 22 in 2018, the HC accepted the appeal petition and stayed the lower court’s fine of Tk 2.10 crore on Khaleda Zia and asked the lower court to forward the case records in the High Court within 15 days.
Meanwhile, Khaleda had to wait for 11 days to get a certified copy of the verdict to file the appeal after the trial court delivered its verdict on February 8.
Her lawyers, who were expecting the HC to grant her bail, expressed disappointment at the HC’s decision to wait for the case documents. Terming the HC decision “unusual”, Barrister Moudud Ahmed said, he has never seen such a situation in his 50-year career in legal profession.
 “The bail process has been delayed. We will wait… We hope Khaleda Zia will get bail in the case,” Moudud, also former Law Minister, told journalist after the HC order.
Mahbub Uddin Khokon, another counsel for Khaleda, said, “We are very upset.”
 “Usually, the High Court grants a convict bail after accepting his or her appeal against the trial court verdict. But it did not grant Khaleda Zia bail.”
Khokon, also BNP Joint Secretary General, pointed out that the HC had earlier granted bail to Awami League lawmaker Abdur Rahman Bodi in a corruption case in which he was convicted and sentenced to three months’ imprisonment.
In that case, the HC didn’t ask for case records from the trial court for deciding on Bodi’s bail prayer. The HC granted him bail and accepted his appeal against the trial court verdict the same day he moved the pleas before it, said the lawyer.
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