Who will be responsible if Khaleda Zia’s health takes a fatal turn?

The press conference held on October 9, 2023 by the medical board responsible for Khaleda Zia's treatment at Evercare Hospital is deeply concerning. During the conference, doctors conveyed that the health of the BNP chairperson is in an extremely critical condition, and that they have exhausted all available treatment options within Bangladesh. Additionally, doctors emphasised the inadequacy of the treatment she has been receiving locally.

The medical team has consistently recommended that Khaleda Zia be allowed to seek immediate, advanced medical care abroad. Her family has made multiple appeals to the government, seeking permission for her to travel abroad for better treatment. However, the government's response has been marked by a combination of vindictiveness, double standards, and political immaturity.

In the most recent instance, when Khaleda's health deteriorated, her brother Shamim Iskander applied to the home ministry urgently requesting her permanent release and approval for overseas medical treatment.

Regrettably, the law minister stipulated that Khaleda Zia, even in her critical condition, must return to jail before any consideration, which includes the necessity for her to appeal once more. Furthermore, on September 30, PM Sheikh Hasina introduced a new condition, requiring Khaleda to appear in court as part of the process. Subsequently, on October 1, the government rejected the plea from Khaleda's family, citing legal grounds. Things took a more distasteful turn when the prime minister remarked two days later about Khaleda's age and the possible future consequences.

Legal experts have already affirmed that whatever legal obstacles exist can easily be overcome. Their argument is that Khaleda Zia was granted temporary release via an executive order under Section 401(1) of the Code of Criminal Procedure (CrPC) and, similarly, she can be allowed to travel abroad through an executive order. All that is required is the government's willingness to act. This, unfortunately, seems to be missing.

Legal experts have already affirmed that whatever legal obstacles exist can easily be overcome. Their argument is that Khaleda Zia was granted temporary release via an executive order under Section 401(1) of the Code of Criminal Procedure (CrPC) and, similarly, she can be allowed to travel abroad through an executive order. All that is required is the government's willingness to act. This, unfortunately, seems to be missing.

To better understand the legal context, let's review Section 401(1) of the CrPC, which states: "When any person has been sentenced to punishment for an offence, the Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced."

The entire ordeal surrounding the denial of Khaleda Zia's request to travel abroad has been plagued with questions from the very beginning. In the midst of the Covid-19 pandemic, the government temporarily released Khaleda Zia from incarceration on March 25, 2020, via an executive order, with conditions that restricted her to her Gulshan residence and prohibited her from leaving the country. It's important to note that Khaleda Zia was already seriously ill at that time, and her release was granted due to her deteriorating health.

Moreover, it may be rare, but is there no precedent of releasing convicted individuals and granting them permission to travel abroad?

Indeed, one notable example is the case of ruling party MP Haji Selim, who faced a corruption conviction but was allowed to seek medical treatment abroad.

To understand the government's double standards, it's essential to delve deeper into Haji Selim's case. Despite being convicted by the court in 2008, he didn't end up in jail until 2022. And shortly thereafter, he was released on bail. In stark contrast, Khaleda Zia was incarcerated immediately upon the delivery of her verdict. Both Khaleda Zia and Awami League MP Haji Selim faced corruption charges – but their cases differ substantially. The charges against Khaleda Zia relate to fund transfers from the Zia Orphanage Trust and the Zia Charitable Trust, without allegations of misappropriation. Haji Selim, on the other hand, was accused of accumulating wealth through illicit means and initially received a 13-year sentence, which was later reduced to 10 years by the High Court. Conversely, Khaleda Zia's sentence, as determined by the lower court, was increased by the High Court.

Another pertinent example is that of Jatiya Samajtantrik Dal leader ASM Abdur Rab, who was permitted to seek medical treatment in then West Germany while serving a prison sentence imposed by a martial law court.

One may wonder why the government is so adamant in preventing the mortally ill Khaleda from seeking medical treatment abroad. The answer may be that Khaleda Zia reportedly instructed her party members not to agree to participate in the upcoming parliamentary election under the current government in exchange for her being allowed to receive treatment abroad.

While one can certainly criticise Khaleda Zia for her mistakes during her nearly four-decades-long political career, it's also undeniable that she has made significant contributions to the betterment of the people of Bangladesh.

It is a matter of hope that the doctors believe time has not run out yet. The unanimous decision of the medical board is to proceed with the TIPS procedure and arrange for a liver transplant at an advanced multidisciplinary centre abroad.

The way the AL-led government has been handling Khaleda Zia's treatment issue lacks political courtesy and reeks of vengeance. This sets a perilous precedent for the future of Bangladeshi politics. We mustn't forget how the attempted assassination of Sheikh Hasina on August 21, 2004 vitiated the political culture of Bangladesh, leaving behind a legacy of deep-seated animosity that endures to this day. If the government's obstinacy leads to a fatal outcome for Khaleda, it will only further degrade Bangladesh's politics and pose even greater challenges for the incumbents to navigate the consequent crisis. The government should seize this opportunity and promptly arrange for Khaleda's treatment abroad, as recommended by the medical board.

Shamsuddoza Sajen is a journalist and researcher. He can be reached at sajen1986@gmail.com

Views expressed in this article are the author's own.

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