The Supreme Court yesterday released the full text of its order that stayed the bail granted by the High Court to BNP Chairperson Khaleda Zia in Zia Orphanage Trust corruption case in which she was sentenced to five years' imprisonment.

The apex court said in the six-page order that it found merit in the grounds placed by the lawyers for the Anti-Corruption Commission and the government in their leave to appeal petitions filed against the HC order of bail to Khaleda.

“We find merit in the grounds urged by the learned advocates for the petitioners in two criminal petitions for leave to appeal. Accordingly, leave is granted in both the cases. The preparation of paper book is dispensed with as prayed for. The order of stay passed by this Division earlier shall continue till disposal of the appeals,” said four judges of the Appellate Division of the SC in the order.

Following the leave to appeal petitions filed by the ACC and government, the SC on March 19 stayed the HC order that on March 12 granted bail for four months to Khaleda.

The same day (March 19), the four member-bench of the apex court headed by Chief Justice Syed Mahmud Hossain also allowed the ACC and the government to move separate appeals before this court against the HC order and fixed May 8 for hearing the appeals.

In the full order, the SC cited the grounds placed by ACC lawyer Advocate Khurshid Alam Khan and Attorney General Mahbubey Alam, who appeared for the government, saying that mere short period of sentence cannot be ground of bail.

“For that the High Court Division without considering the gravity of the offence most illegally granted to the respondent No 1 and as such the order dated 12.03.2018 passed by the High Court Division so far as its relates to granting bail may be set aside,” said the counsels for the ACC and government.   

The ACC lawyer Khurshid Alam Khan had argued before the SC that the BNP chairperson failed to annex any document in support of her claim that she has been suffering from various diseases. Khaleda has misused the privilege of bail during the trial and moreover, without seeking permission from the trial court she [Khaleda] visited various countries in the name of treatment, the ACC lawyer had argued.

The HC observed that in view of the voluminous papers the preparation of paper books takes time, Advocate Khurshid argued that it cannot be a ground for bail. The ACC lawyer also argued before the SC that the custody period of Khaleda before and after conviction is two months and 22 days in total and as such in view of the five years' sentence it cannot be a ground for bail on the plea of short period of sentence. The SC judges said in the full order that the lawyers for Khaleda made submissions (arguments) in support of the HC order.

“It was submitted that the High Court Division exercised its discretion and allowed bail giving reasons in writing as required by law,” the SC judges said in the order.