HC order on Khaleda bail pleas today

The High Court (HC) will deliver its order today on three separate petitions filed by BNP chairperson Khaleda Zia seeking bail in three cases. The HC bench of Justice AKM Asaduzzaman and Justice JBM Hassan fixed the date yesterday after concluding hearing on the petitions from both sides. During yesterday’s hearing, advocate Khandaker Mahbub Hossain, a counsel for Khaleda, told the court that the BNP chief had been suffering from various illnesses. Hossain said the HC had granted Khaleda bail on the health ground in the Zia Orphanage Trust graft case. "Later, the Appellate Division also upheld the HC order granting her bail in the case. My humble submission before the court is that the HC should grant her bail considering her age and health condition in accordance with Clause 497 of the Criminal Procedure of Code (CrPC),” he added.

Opposing Hossain’s submission, attorney general Mahbubey Alam told the court that Khaleda could not move the HC for bail as the lower court was scheduled to hear her bail pleas on June 7.  “So, the bail petitions are not maintainable at this stage,” he said. Citing some previous decisions, Alam told the court that the HC should return Khaleda’s bail prayers to the lower court concerned as the bail pleas were not filed with the due process of law. The BNP chief filed the three petitions on May 20, seeking bail in the three cases in which she was being shown arrested in the meantime.

Among the three cases, two were filed in Comilla on charges of vandalising vehicles in 2015. Eight people were killed and at least 20 injured when assailants hurled a petrol bomb at a bus in Jagmohanpur area of Chouddagram under Comilla district during the BNP-led alliance’s protests on February 3, 2015.

Two cases—one under Explosive Substances Act and another for murder—were filed against Khaleda in connection with the incident.

The government has shown Khaleda arrested in the two cases after the court issued an arrest warrant against her following the charge-sheet submitted by the police in the cases.

Khaleda’s lawyers moved the Comilla district and sessions judge’s court for her bail in the two cases on Apr 23. The court set June 7 as the date for hearing the bail pleas.

Khaleda’s lawyers then requested the date be brought forward, but the proposal was rejected.

 After that, the BNP chief filed another bail plea with the HC challenging the lower court decision.

 The third case was filed by Raihan Faruki Imam with a Narail court on September 24, 2015, for Khaleda’s remarks on the number of freedom fighters as well as on Bangabandhu Sheikh Mujibur Rahman. On December 21, 2015, Khaleda had said at a meeting that Sheikh Mujibur Rahman did not want independence and rather wanted to be the prime minister of Pakistan. She had also said that there was a controversy over the number of freedom fighters.

A local court later issued an arrest warrant and later Khaleda was shown arrested in the case.

 On May 16, the Appellate Division of the Supreme Court upheld the HC order that had granted bail to Khaleda in Zia Orphanage Trust graft case.

 However, the BNP chief was not freed from jail, as she was shown arrested in some other cases filed with different police stations in Comilla, Dhaka, Narail, and Panchagarh including the three in which she has already sought bail. The BNP chairperson is currently facing a total of 36 cases.

 

HC order on Khaleda bail pleas today

The High Court (HC) will deliver its order today on three separate petitions filed by BNP chairperson Khaleda Zia seeking bail in three cases. The HC bench of Justice AKM Asaduzzaman and Justice JBM Hassan fixed the date yesterday after concluding hearing on the petitions from both sides. During yesterdays hearing, advocate Khandaker Mahbub Hossain, a counsel for Khaleda, told the court that the BNP chief had been suffering from various illnesses. Hossain said the HC had granted Khaleda bail on the health ground in the Zia Orphanage Trust graft case. Later, the Appellate Division also upheld the HC order granting her bail in the case. My humble submission before the court is that the HC should grant her bail considering her age and health condition in accordance with Clause 497 of the Criminal Procedure of Code (CrPC), he added. Opposing Hossains submission, attorney general Mahbubey Alam told the court that Khaleda could not move the HC for bail as the lower court was scheduled to hear her bail pleas on June 7. So, the bail petitions are not maintainable at this stage, he said. Citing some previous decisions, Alam told the court that the HC should return Khaledas bail prayers to the lower court concerned as the bail pleas were not filed with the due process of law. The BNP chief filed the three petitions on May 20, seeking bail in the three cases in which she was being shown arrested in the meantime. Among the three cases, two were filed in Comilla on charges of vandalising vehicles in 2015. Eight people were killed and at least 20 injured when assailants hurled a petrol bomb at a bus in Jagmohanpur area of Chouddagram under Comilla district during the BNP-led alliances protests on February 3, 2015. Two casesone under Explosive Substances Act and another for murderwere filed against Khaleda in connection with the incident. The government has shown Khaleda arrested in the two cases after the court issued an arrest warrant against her following the charge-sheet submitted by the police in the cases. Khaledas lawyers moved the Comilla district and sessions judges court for her bail in the two cases on Apr 23. The court set June 7 as the date for hearing the bail pleas. Khaledas lawyers then requested the date be brought forward, but the proposal was rejected. After that, the BNP chief filed another bail plea with the HC challenging the lower court decision. The third case was filed by Raihan Faruki Imam with a Narail court on September 24, 2015, for Khaledas remarks on the number of freedom fighters as well as on Bangabandhu Sheikh Mujibur Rahman. On December 21, 2015, Khaleda had said at a meeting that Sheikh Mujibur Rahman did not want independence and rather wanted to be the prime minister of Pakistan. She had also said that there was a controversy over the number of freedom fighters. A local court later issued an arrest warrant and later Khaleda was shown arrested in the case. On May 16, the Appellate Division of the Supreme Court upheld the HC order that had granted bail to Khaleda in Zia Orphanage Trust graft case. However, the BNP chief was not freed from jail, as she was shown arrested in some other cases filed with different police stations in Comilla, Dhaka, Narail, and Panchagarh including the three in which she has already sought bail. The BNP chairperson is currently facing a total of 36 cases.