SC sets July 2 for Khaleda's bail order

The Supreme Court set July 2 to pass an order on a leave-to-appeal petition filed by the government, challenging a High Court order that granted bail to BNP Chairperson Khaleda Zia in a killing case.

The case was filed in Comilla on charge of killing seven people and injuring 25-26 others by setting fire to a bus in Chouddagram upazila on February 2, 2016.

The HC on February 28 granted bail to Khaleda for six months in the case.

A four-member bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain yesterday fixed the date after hearing arguments on it.

During the hearing, Attorney General Mahbubey Alam prayed to the apex court to scrap the HC bail order, saying the incidents of killing through torching the bus took place on her instruction and instigation.

What message would reach the victims and their family members if Khaleda were granted bail in the case, he asked the SC.

Khaleda's lawyer Advocate Khandker Mahbub Hossain told the SC that the government's agents had conducted the subversive acts including torching vehicles during anti-government movement, in order to damage the image and prestige of his client.

There was no specific allegation against her of instigating such activities, the lawyer argued.

The counsel prayed to the apex court to uphold the HC bail order.

The apex court also fixed today for holding hearing on another leave-to-appeal petition filed by the government challenging another HC order, that granted bail to Khaleda in another case filed for vandalising vehicles in Chouddagram on January 25, 2015.

The HC granted bail to Khaleda for six months in that case on May 28.

Meanwhile, the Anti-Corruption Commission's lawyer Khurshid Alam Khan yesterday prayed to the HC for fixing a date for hearing an appeal filed by Khaleda challenging the lower court's verdict that sentenced her to five years' imprisonment in the Zia Orphanage Trust corruption case.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman might fix a date today for hearing the appeal, Advocate Khurshid Alam Khan told The Daily Star.

The Appellate Division on May 16 directed the HC bench headed by Justice Enayetur Rahim to hear and dispose of the appeal of the BNP chief by July 31.

The apex court on the same day upheld the HC order that on March 12 granted four months' bail to Khaleda in the corruption case.

On February 8, the Special Judge's Court-5 of Dhaka convicted and sentenced Khaleda to five years' imprisonment in connection with the case.

The court also sentenced Khaleda's eldest son and BNP Senior Vice-Chairman Tarique Rahman and four others to 10 years' rigorous imprisonment and fined Tk 2.1 crore each.

Khaleda on February 20 filed an appeal with the HC challenging the trial court verdict.

In the appeal, she prayed to the HC to acquit her of the corruption charge and scrap the lower court verdict, stay her conviction and suspend the five-year prison sentence.

Claiming herself innocent, Khaleda mentioned 44 grounds in the 1,222-page appeal on which the HC might consider her prayers.

In its verdict, the trial court said Khaleda in her defence statement confessed that she had abused her power. “So, there is no bar to punishing her under section 409 of Penal Code and 5(2) of Corruption Prevention Act, 1947.”

Referring to the matter, the BNP chief in the appeal said, “The conviction and sentencing of the appellant [Khaleda] based on grotesque distortion of her statement and such the same is liable to be set aside.

“… protesters are being killed by mindless shooting if they protest the unjust. Students and teachers are being killed. Are not these abuse of powers? Did I abuse powers?”

She added, “Under the facts and circumstances of the case the impugned judgement and order of conviction and sentence against her being untenable and unsustainable in law is required to be set aside.”

On February 22, the HC accepted the appeal for hearing and stayed the lower court order that fined Khaleda for corruption mentioned in the case.

Another Dhaka court yesterday adjourned until July 26 the hearing on charge framing against Khaleda and 17 others in connection with the Gatco graft case.

Judge Abu Syed Dilzar Hossain of the Special Judge Court-3 of Dhaka set up at Alia Madrassa in Bakshibazar passed the order after separate petitions seeking an adjournment of the hearing were submitted from six accused in the case.

During yesterday's hearing, BNP leader Khondaker Mosharraf Hossain and 10 others were present in the court, while advocate Sanaullah Mia represented Khaleda in her absence.

Six others including AKM Mosharraf Hossain remained absent.