Legal delay stalls Khaleda appeal with High Court

A delay in getting the certified copy of a lower court verdict that convicted BNP chairperson Khaleda Zia in a graft case has been stalling the defence team’s plan to challenge it in the High Court (HC). “We have filed an application seeking the certified copy of the verdict that sentenced Khaleda Zia to seven years in prison in the Zia Charitable Trust graft case. But we are yet to receive it. This has delayed the filing of an appeal against the verdict,” advocate Sanaullah Miah, one of the defence counsels, said yesterday.

Sanaullah also said that they might get the verdict’s copy within a week and then file the appeal. When contacted, Anti-Corruption Commission (ACC) lawyer Advocate Khurshid Alam Khan said it was usual for a court to take some time to release the certified copy of a major judgment. This is because the court has to prepare the whole verdict by explaining all the legal grounds on which the order was passed, he added.

On October 29, a special court in Dhaka convicted Khaleda in the Zia Charitable Trust corruption case and sentenced her to seven years of rigorous imprisonment in her absence. The court also sentenced others accused in the case—Harris Chowdhury, Ziaul Haq Munna and Monirul Islam Khan—to the same jail terms.

Khaleda and the three other accused were also fined Tk. 10 lakh each, and in case of any default, they will have to spend six months more in jail.

The court asked the authorities concerned to confiscate 42 kathas of land in favour of the government.

According to the case statement, the former prime minister and the three others had abused their power and raised funds for establishing the Zia Charitable Trust from unknown sources.

A day after the lower court verdict, an HC bench enhanced the Khaleda’s punishment from five years to 10 years of imprisonment in connection with the Zia Orphanage Trust corruption case. The HC bench of Justices M Enayetur Rahim and Md Mostafizur Rahman extended Khaleda’s jail term after an accepting an appeal by the ACC.

On February 8, Dhaka’s special court judge Md Akhtaruzzaman had sentenced the BNP chief to five years’ imprisonment in connection with a corruption case. Since then, she has been languishing behind bars. The same court sentenced the BNP chief to another seven years’ imprisonment on October 29.

After yesterday’s HC verdict, ACC lawyer Khurshid Alam Khan told reporters that the BNP chairperson could not take part in the general election scheduled to be held at the end of the year. Attorney general Mahbubey Alam also said there was no scope for Khaleda to take part in the polls.

However, lawyers opined that there was still a slim chance for the BNP chief to contest the parliamentary election because another stage of the legal battle was yet to be completed.  Khaleda can file a leave-to-appeal petition in the Appellate Division of the Supreme Court (SC) against the HC verdict. If the SC stays the HC verdict, grants her bail and allows her to contest the election, the BNP chief can contest the polls without facing any legal complexities, the lawyers said.

Legal delay stalls Khaleda appeal with High Court

A delay in getting the certified copy of a lower court verdict that convicted BNP chairperson Khaleda Zia in a graft case has been stalling the defence teams plan to challenge it in the High Court (HC). We have filed an application seeking the certified copy of the verdict that sentenced Khaleda Zia to seven years in prison in the Zia Charitable Trust graft case. But we are yet to receive it. This has delayed the filing of an appeal against the verdict, advocate Sanaullah Miah, one of the defence counsels, said yesterday. Sanaullah also said that they might get the verdicts copy within a week and then file the appeal. When contacted, Anti-Corruption Commission (ACC) lawyer Advocate Khurshid Alam Khan said it was usual for a court to take some time to release the certified copy of a major judgment. This is because the court has to prepare the whole verdict by explaining all the legal grounds on which the order was passed, he added. On October 29, a special court in Dhaka convicted Khaleda in the Zia Charitable Trust corruption case and sentenced her to seven years of rigorous imprisonment in her absence. The court also sentenced others accused in the caseHarris Chowdhury, Ziaul Haq Munna and Monirul Islam Khanto the same jail terms. Khaleda and the three other accused were also fined Tk. 10 lakh each, and in case of any default, they will have to spend six months more in jail. The court asked the authorities concerned to confiscate 42 kathas of land in favour of the government. According to the case statement, the former prime minister and the three others had abused their power and raised funds for establishing the Zia Charitable Trust from unknown sources. A day after the lower court verdict, an HC bench enhanced the Khaledas punishment from five years to 10 years of imprisonment in connection with the Zia Orphanage Trust corruption case. The HC bench of Justices M Enayetur Rahim and Md Mostafizur Rahman extended Khaledas jail term after an accepting an appeal by the ACC. On February 8, Dhakas special court judge Md Akhtaruzzaman had sentenced the BNP chief to five years imprisonment in connection with a corruption case. Since then, she has been languishing behind bars. The same court sentenced the BNP chief to another seven years imprisonment on October 29. After yesterdays HC verdict, ACC lawyer Khurshid Alam Khan told reporters that the BNP chairperson could not take part in the general election scheduled to be held at the end of the year. Attorney general Mahbubey Alam also said there was no scope for Khaleda to take part in the polls. However, lawyers opined that there was still a slim chance for the BNP chief to contest the parliamentary election because another stage of the legal battle was yet to be completed. Khaleda can file a leave-to-appeal petition in the Appellate Division of the Supreme Court (SC) against the HC verdict. If the SC stays the HC verdict, grants her bail and allows her to contest the election, the BNP chief can contest the polls without facing any legal complexities, the lawyers said.