SC stays Khaleda Zias bail in 2 cases
HC to pass order on 2
other bail pleas Thursday
STAFF REPORTER
The chamber court of the Appellate Division yesterday stayed the High Court (HC) order that granted bail for six months to BNP chairperson Khaleda Zia in two Comilla arson cases. In response to the governments pleas, the chamber judge of the Appellate Division, Justice Hasan Foez Siddiqui, also fixed 31 May for hearing on the appeals in the full bench of the apex court. Earlier, on May 28, the government filed separate appeal petitions with the chamber court of the Appellate Division for staying the operation of the HC order passed a few hours ago to grant six months bail to the BNP chief in two arson cases in Comilla. On the same day (May 28), the HC benchcomprising Justice AKM Asaduzzaman and Justice JBM Hassangranted six months bail for Khaleda Zia in the cases filed over vandalism in Chouddagram, Comilla, on January 2015, and the killing of eight and injuring 2526 others by setting a passenger bus ablaze in Chouddagram on February 2, 2015.
The two cases 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 the Explosive Substances Act and another for murderwere filed against Khaleda in connection with the incident.
Attorney-general Mahbubey Alam appeared for the state while advocate Khandaker Mahbub Hossain appeared for Khaleda Zia.
Meanwhile, another bench of the HCcomprising Justice M Enayetur Rahim and Justice Sahidul Karimyesterday fixed Thursday for passing its order on two bail petitions filed by the BNP chief seeking bail in two other cases.
During yesterdays proceedings, advocate Khandaker Mahbub Hossain told the court that the BNP chief committed a bailable offence; she did not commit murder. The HC bench can grant her bail in the cases, he added.
Advocate AJ Mohammad Ali, another counsel for the BNP chief, told the court that the lower court issued the arrest warrant against Khaleda Zia without following judicial norms. The lower court could not issue the arrest warrant in these cases against her without issuing a summons order. However, the trial court issued the arrest warrant against her illegally, which should be stopped through the interference of the High Court, Ali said.
Later, deputy attorney-general Md Forhad told the court that the chief law officer of the state would submit his argument in the cases.
The HC bench then said it would hear the attorney-generals argument if he would come before the court. After that, it would pass its order on the petitions on Thursday.
Among the two cases, one was a defamation suit filed by Bangladesh Jananetri Parishad president AB Siddik on November 3, 2016, against Khaleda for distorting the history of the Liberation War and demeaning the national flag and map. Later, an arrest warrant was issued on November 12, 2017.
The other case was filed by journalist Gazi Jahirul Islam on August 30, 2016, accusing Khaleda of observing her birthday on August 15 on the basis of false information. Later, on November 17, 2016, an arrest warrant was issued against her.
On May 16, the Appellate Division of the SC upheld the HC order that had granted bail to Khaleda in the 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.
