Top court stays Khaleda's bail till Sunday

The Supreme Court yesterday stayed till Sunday the High Court order that granted bail to BNP Chairperson Khaleda Zia in the Zia Orphanage Trust corruption case in which she was sentenced to five years' imprisonment.

Meanwhile, a Comilla court rejected the BNP chief's bail petition in an arson attack case filed during the anti-government agitation by the BNP-led 20-party alliance in 2015. The court also ordered police to produce Khaleda before it on March 28.

The BNP has expressed frustration and anger over the SC stay order.

“The highest court can pass any order. But issuance of an order after one-sided hearing is not logical at all. We think it has tarnished the image and tradition of the highest court,” said the party's Standing Committee Member Moudud Ahmed.

He was speaking at a press conference at the party's Nayapaltan central office in the capital yesterday.

“We are upset, angry and sad over today's order,” said the former law minister further.

At the briefing, BNP Secretary General Mirza Fakhrul Islam Alamgir alleged that the government's will is reflected in the orders of different courts.

“We are frustrated at the order. The government has been destroying institutions one after another. It now wants to destroy the judiciary.”

The BNP leader also claimed that the government's “main target” is to keep the BNP away from the polls.

Earlier in the day, a four-member SC bench headed by Chief Justice Syed Mahmud Hossain passed the stay order after the Anti-Corruption Commission and the government filed two petitions seeking stay on the HC order on Khaleda's bail.

The apex court also asked the ACC and the government to file two separate leave-to-appeal petitions with it by Sunday, challenging the HC order of bail.

Hours after the apex court's stay order, Khaleda filed a petition with the SC to vacate its stay order on the HC ruling that granted her bail in the Zia Orphanage Trust.

Upon receiving the petition, SC Chamber Judge Hasan Foez Siddique forwarded it to the apex court's full bench for hearing on Sunday.

In the petition, Khaleda said her lawyers didn't get scope for placing arguments at the SC before it stayed the HC order of bail, Sagir Hossain Leon, a counsel for Khaleda, told this newspaper.

Citing from the petition, he said Khaleda was given a short sentence of five years' imprisonment, and she has been in jail since February 8. Courts have a long tradition of granting bail to a convict or an accused if the person is a woman. Khaleda is now 73, and she has been suffering from various chronic degenerative medical conditions.

Following the SC's stay order, Zainul Abedin, another lawyer for Khaleda, told the court that it had passed the order without hearing their arguments.

He further said the court cannot pass any order without hearing the BNP chief's lawyers, and that the issuance of order without hearing their arguments would have a negative impact on public perception.

Chief Justice Syed Mahmud Hossain said the SC does not take into account public perception before passing any order.

He also said the judges will hear arguments from Khaleda's lawyers when the leave-to-appeal petitions will be moved before them, and that the HC order of bail will remain stayed till Sunday.

Zainul told the court that there was no need to stay the HC order of bail since Khaleda cannot walk out of jail now.

AJ Mohammad Ali, another counsel for Khaleda, told the SC that they didn't get any opportunity to place arguments before it on behalf of Khaleda.

Then, Giasuddin Ahmed, a pro-BNP lawyer, told the chief justice in a loud voice that the judges must hear arguments from Khaleda's lawyers.

The chief justice told pro-BNP lawyers that they were doing excesses, and wondered whether they were threatening the SC.

As Giasuddin made the same demand, the chief justice said, “Don't make threats.” 

Some of the pro-BNP lawyers then shouted “shame”, “shame”, and left the courtroom.

Earlier at the beginning of the SC proceedings, ACC lawyer Khurshid Alam Khan moved the commission's stay petition and prayed to the apex court for staying the HC order that granted Khaleda bail.

Khurshid told the SC that the ACC will move a leave-to-appeal petition against the HC order after receiving a certified copy of the HC order.

He prayed to the SC for staying the HC order so that the ACC can file a leave to appeal petition against the HC order.

The SC then asked the ACC and the government to file two separate leave to appeal petitions with the court by Sunday and stayed the HC order till then.

Later, Attorney General Mahbubey Alam told reporters at his office that the government will file a leave-to-appeal petition today with the SC, challenging the HC order.

He also criticised pro-BNP lawyers' behaviour towards the SC judges, saying they also vented their anger on the HC in the past.

COMILLA COURT PROCEEDINGS

A Comilla Court yesterday rejected Khaleda's bail petition in the case filed over an arson attack on a bus, which left eight people dead in Chouddagram upazila on February 3, 2015.

Senior Judicial Magistrate Mustain Billah fixed March 28 for the next hearing in the case, reports our Comilla correspondent.

Earlier on March 12, the same court issued a production warrant against Khaleda and asked police to produce her before it on March 28.

Khaleda has not been shown arrested in the case.

A total of 77 people, including the BNP chief, have been accused in the case.

On February 8, the Special Judge's Court-5 in Dhaka sentenced Khaleda to five years' rigorous imprisonment in the Zia Orphanage Trust graft case.

The court also jailed her elder son Tarique Rahman, now acting chairman of the BNP, and four others for 10 years and fined them Tk 2.1 crore, saying all the six convicts would have to pay the fine in equal amounts.

The ACC filed the case with Ramna Police Station in July 2008, accusing the six of misappropriating over Tk 2.1 crore that came from a foreign bank as grants for orphans.

On Monday, the HC granted four months' bail to Khaleda, considering the quantum of punishment and the fact that she is 73 and has been suffering from various diseases.