BNP Chairperson Khaleda Zia today sent a legal notice to the government, requesting it to cancel the gazette notification that said the trial of Zia Charitable Trust corruption case against her will be held at old Dhaka central jail.
Barrister Muhammad Nawshad Zamir served the legal notice on behalf of Khaleda Zia saying that appropriate legal action will be taken if the law ministry does not cancel and rescind the gazette notification by September 8.
The lawyer said in the legal notice that “the special order declaring a room in Administrative Building of old Dhaka central jail as a court for holding trial of one particular case has been issued by the government with malafide, colourful exercise, and palpable abuse of power under Section 9(2) of the Code of Criminal Procedure (CrPC)”.
He said in the legal notice that Section 9(2) of CrPC empowers the government to direct at what ‘place’ of ‘places’ a court of sessions shall hold it sitting.
“Place” has been defined in Section 4(1)(q) of the CrPC as “including a house, building, tent, or vessel; but does not contemplate a prison,” Barrister Nawshad said in the legal notice. He adding that: “Thus, the special order declaring a particular room in the old Dhaka central jail is absolutely illegal and without lawful authority as being totally unwarranted by law.
The lawyer also said in the legal notice that the special order is void as being passed illegally and without lawful authority, infringing Article 35(3) of the constitution of the country that guarantees every person accused of a criminal offence the inalienable fundamental right “to a speedy and public trial”.
The law ministry issued the gazette notification on September 4 saying the proceedings in the Zia Charitable Trust case would now be held at the old Dhaka central jail on Nazimuddin Road. The decision was made taking Khaleda's security into consideration, it said.