SC dismisses Khaleda's appeals

The Supreme Court today upheld a High Court verdict that rejected two writ petitions filed by BNP Chairperson Khaleda Zia challenging the appointment of a trial court judge, who framed charges against her in two corruption cases.

A five-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain came up with the order after dismissing two leave to appeal petitions moved by Khaleda challenging the June 19 HC verdict that declared legal the appointment of Judge Bashudev Roy of the Special Judge Court-3.

Before moving the leave to appeal petition, the BNP chairperson had two writ petitions challenging the legality of Judge Roy's appointment, which the HC turned down.

Judge Roy framed charges against Khaleda and eight others in Zia Charitable Trust and Zia Orphanage Trust graft cases on March 19.

Challenging the legality of Judge Roy's appointment, Khaleda filed the two writ petitions with the High Court on May 12. On July 7, Khaleda filed two separate leave to appeal petitions with the SC against the HC order.

In the petition, Khaleda said the indictment orders issued by judge Roy were illegal as his appointment was illegal.

She said the government should have issued a gazette notification for appointing the special judge for dealing with the cases as per Criminal Law Amendment Act 1958 but the government did not follow the law in appointing the trial court judge who framed the charges against her.

After today's SC ruling, now there is no legal bar for the trial court to proceed with the trial proceedings against Khaleda the two graft cases, Attorney General Mahbubey Alam told reporters after the bench passed the order.

On the other hand, Khaleda’s lawyer Zainul Abedin told the newsmen that the trial court cannot proceed with the cases as two more appeals filed by Khaleda in connection with the two graft cases are pending with the Appellate Division.

The appeals were filed challenging a High Court verdict that rejected two writ petitions filed by Khaleda against the charge framing order against Khaleda and eight others.

He also said that they will pray to the lower court on September 17 to adjourn the proceedings of the cases as Judge Roy is expected to record statements of the prosecution witnesses on that day.

“We may file a review petition with the SC against the today’s order after consulting with the party chief [Khaleda],” he added.