Third notice to Khaleda to vacate house
The government yesterday served yet another notice with BNP Chairperson Khaleda Zia to vacate her cantonment residence by June 30.
In the notice, third of its kind, the Military Lands Administrator asked the former prime minister to hand over possession of the house to the Military Estate Officer of Dhaka Cantonment.
Meanwhile, the High Court (HC) is scheduled to hear today Khaleda's a writ petition challenging the legality of the government's earlier two notices.
Yesterday's notice reads, "Since you [Khaleda] have not made any reply to the show-cause notice and have refrained from citing any reasons and have not turned its down, we assume the statement is proper and right. In this situation, you have no legal rights to occupy the house No-6 on Mainul Hossain Road at Dhaka Cantonment.”
Besides, it says, deed of the so-called lease on the house is void ab initio, which means “invalid from the outset”. It gives her no title to the residence.
Additional Attorney General M Enayetur Rahim yesterday told The Daily Star that the government has gone by the law and the constitution to issue the latest notice asking the BNP chief to cede possession of the house by June 30.
Mentioning that she did not reply to the show-cause notice served on May 7, and nor she turned that down, he said, “It's now obvious that she has no legal right to continue in the house anymore.”
The third notice is based on the show-cause notice, he continued.
Hearing on Khaleda's petition challenging the government's earlier notices will be held today. In the interim, technically there is no restriction on the administration to issue her with notice to hand over the house.
The first notice, served on April 20, asked the BNP chairperson to leave the house within 15 days. The second, a show-cause notice, asked her to explain why she should not be directed to return the estate within 15 days since receipt.
On May 18, an HC bench comprising Justice Syed Refaat Ahmed and Justice Moyeenul Islam Chowdhury adjourned the hearing on the writ petition till today, and directed the government not to force her to leave the house during this period [until May 25].
The court ruled that Khaleda, also leader of the opposition in parliament, may submit a supplementary petition in case of any developments before the hearing date.
It however told the attorney general that after May 22 the government may take any lawful step with regard to the second notice.
So far, three HC judges had felt embarrassed to hear the petition, while one declined saying he was not qualified to hear it.
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