Khaleda bail hearing
SC witnesses heated arguments
The Appellate Division of the Supreme Court (SC) yesterday (Tuesday) witnessed heated arguments during the hearing on a bail petition filed by BNP chairperson Khaleda Zia against the lower court verdict that sentenced her to five years in jail in the Zia Orphanage Trust corruption case. The defence questioned the jurisdiction of attorney general (AG) Mahbubey Alam, who opposed her bail.
The jam-packed courtroom of the Appellate Division witnessed a chaotic situation several times when the AG was placing his arguments before the apex court and when defence counsel AJ Mohammad Ali, one of the counsel for Khaleda Zia, started his arguments, questioning the AGs jurisdiction in taking part in the hearing.
However, the four-member bench of the Appellate Division, headed by the Chief Justice, asked senior lawyers to restore order in the courtroom so that the appeal hearing could continue smoothly. After the days proceedings, the apex court adjourned the hearing till today (Wednesday) morning.
During yesterdays proceedings, advocate Khurshid Alam Khan, counsel for the Anti-Corruption Commission (ACC), started placing his arguments before the apex court at 9.35am.
Khan told the court that the High Court (HC) did not consider the gravity of the offence committed by Khaleda, a former prime minister, when granting her bail in the case.
He also said that the HC granted bail to Khaleda on consideration of her old age and social status, as well as considering the short sentence, which is not a legal ground for granting bail. Khan raised questions over the deifnition of a short
sentence, saying that there was no definition of a short sentence in law. Therefore, the BNP chief could not get bail in the case.
Although the lower court had given 10 years imprisonment to all other accused in the case, it awarded only five years imprisonment to the main accused of the case, which was not right in the eye of law, Khan argued.
Referring to some HC judgments, Khan said the HC had earlier increased punishment of two persons in two cases.
Even though the lower court awarded these persons one and three years in prison, the HC increased their punishment to three years in jail and life-term imprisonment, respectively. So, the punishment of Khaleda Zia should be increased, Khan noted.
Later, Mahbubey Alam took part in the hearing, saying that all relevant documents, including the paperbook on the appeals filed by Khaleda before the HC against the lower court conviction, has already been prepared. The HC can start the appeal hearing and it may acquit her in the appeal. So, the SC need not grant her bail now at this time, the AG added.
After reading out some portion of the lower court judgment, where the court gave elaborate explanation over the delay of trial proceedings, the AG said that on 67 dates of hearing, the BNP chief had only been present before the lower court during the trial proceedings of the case.
At this stage, Supreme Court Bar Association (SCBA) president advocate Zainul Abedin stood up and said that the AG cannot place such arguments before the court in the case as he is the AG of the country. We have come here with the bail petition. But we cant understand the speech of the AG. Such arguments cannot be placed during the bail hearing of the case, he added.
Lawyers in the courtroom then said loudly: Yes, yes. But with the interference of the Chief Justice (CJ), the AG started his arguments again, saying Khaleda Zia misused the special courts bail earlier.
Giving the examples of former Brazil and South Korean presidents who were in jail on graft charges, the AG said the court should take the matter of Khaleda Zias case seriously as no one is above the law.
The AG also said that Khaleda Zia was suffering from several complications, including hypertension, diabetes and knee problem. Doctors had advised her not to move about. She is supposed to rest as per the doctors suggestion, the AG said. She is confined. She is now on rest, he added.
The lawyers present in the courtroom started laughing after hearing the AGs submission. Referring to the trial proceedings of the case, the AG told the court that such a fair trial had not been held across the world.
Once again, the SCBA president stood up and told the court that the AG cannot take part in the hearing of the case and cannot place such arguments. The lawyers then began shouting:Shame, shame. Seat down, seat down. Please let him (AG) submit his arguments, the CJ told the lawyers.
After explaining Khaledas health condition, the AG said doctors advised medical tests for her and that the government got such tests done. She is now all right and taking meals regularly, he noted.
The AG then started arguments and said that although there was no instance of keeping a house servant in jail, the government provided a house servant for Khaleda.
Former SCBA president Khandaker Mahbub Hossain, one of the counsel for Khaleda, told the court that they have filed a bail application for Khaleda.
But why the AG is saying such things at this stage, he wondered aloud.
Lawyers shouted and said shame, shame to the AG this time too.
The CJ said let him say as almost all submissions have already been given in the meantime.
After that the AG said the government is ready to conduct a medical test for Khaleda Zia. A board has already been formed to look after her health condition. MRI and city scan would be conducted as per Khaledas demand in United Hospital, if needed, the AG said.
Later, AJ Mohammad Ali stood up and raised the question about the jurisdiction of the AG in taking part in the hearing, saying the law does not allow it.
The AG came before the court with politically motivated malafide intentions. He is trying to show something before the court so that the court does not grant her bail, AJ Mohammad Ali said.
The AG said he has rightly placed his arguments before the court.
Ali said: No, you have not rightly submitted the arguments. Rather, you have submitted arguments with malafide intentions, which is politically motivated.
