The press conference held on October 9, 2023 by the medical board responsible for Khaleda Zia's treatment at Evercare Hospital is deeply concerning. During the conference, doctors conveyed that the health of the BNP chairperson is in an extremely critical condition, and that they have exhausted all available treatment options within Bangladesh. Additionally, doctors emphasised the inadequacy of the treatment she has been receiving locally.

The medical team has consistently recommended that Khaleda Zia be allowed to seek immediate, advanced medical care abroad. Her family has made multiple appeals to the government, seeking permission for her to travel abroad for better treatment. However, the government's response has been marked by a combination of vindictiveness, double standards, and political immaturity.

In the most recent instance, when Khaleda's health deteriorated, her brother Shamim Iskander applied to the home ministry urgently requesting her permanent release and approval for overseas medical treatment.

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The legal case against Khaleda’s treatment abroad is far from convincing

Regrettably, the law minister stipulated that Khaleda Zia, even in her critical condition, must return to jail before any consideration, which includes the necessity for her to appeal once more. Furthermore, on September 30, PM Sheikh Hasina introduced a new condition, requiring Khaleda to appear in court as part of the process. Subsequently, on October 1, the government rejected the plea from Khaleda's family, citing legal grounds. Things took a more distasteful turn when the prime minister remarked two days later about Khaleda's age and the possible future consequences.

Legal experts have already affirmed that whatever legal obstacles exist can easily be overcome. Their argument is that Khaleda Zia was granted temporary release via an executive order under Section 401(1) of the Code of Criminal Procedure (CrPC) and, similarly, she can be allowed to travel abroad through an executive order. All that is required is the government's willingness to act. This, unfortunately, seems to be missing.

Legal experts have already affirmed that whatever legal obstacles exist can easily be overcome. Their argument is that Khaleda Zia was granted temporary release via an executive order under Section 401(1) of the Code of Criminal Procedure (CrPC) and, similarly, she can be allowed to travel abroad through an executive order. All that is required is the government's willingness to act. This, unfortunately, seems to be missing.

To better understand the legal context, let's review Section 401(1) of the CrPC, which states: "When any person has been sentenced to punishment for an offence, the Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced."

The entire ordeal surrounding the denial of Khaleda Zia's request to travel abroad has been plagued with questions from the very beginning. In the midst of the Covid-19 pandemic, the government temporarily released Khaleda Zia from incarceration on March 25, 2020, via an executive order, with conditions that restricted her to her Gulshan residence and prohibited her from leaving the country. It's important to note that Khaleda Zia was already seriously ill at that time, and her release was granted due to her deteriorating health.

Moreover, it may be rare, but is there no precedent of releasing convicted individuals and granting them permission to travel abroad?

Indeed, one notable example is the case of ruling party MP Haji Selim, who faced a corruption conviction but was allowed to seek medical treatment abroad.

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Khaleda Zia’s health deteriorates

To understand the government's double standards, it's essential to delve deeper into Haji Selim's case. Despite being convicted by the court in 2008, he didn't end up in jail until 2022. And shortly thereafter, he was released on bail. In stark contrast, Khaleda Zia was incarcerated immediately upon the delivery of her verdict. Both Khaleda Zia and Awami League MP Haji Selim faced corruption charges – but their cases differ substantially. The charges against Khaleda Zia relate to fund transfers from the Zia Orphanage Trust and the Zia Charitable Trust, without allegations of misappropriation. Haji Selim, on the other hand, was accused of accumulating wealth through illicit means and initially received a 13-year sentence, which was later reduced to 10 years by the High Court. Conversely, Khaleda Zia's sentence, as determined by the lower court, was increased by the High Court.

Another pertinent example is that of Jatiya Samajtantrik Dal leader ASM Abdur Rab, who was permitted to seek medical treatment in then West Germany while serving a prison sentence imposed by a martial law court.

One may wonder why the government is so adamant in preventing the mortally ill Khaleda from seeking medical treatment abroad. The answer may be that Khaleda Zia reportedly instructed her party members not to agree to participate in the upcoming parliamentary election under the current government in exchange for her being allowed to receive treatment abroad.

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Khaleda Zia in politics: Missed chance for BNP?

While one can certainly criticise Khaleda Zia for her mistakes during her nearly four-decades-long political career, it's also undeniable that she has made significant contributions to the betterment of the people of Bangladesh.

It is a matter of hope that the doctors believe time has not run out yet. The unanimous decision of the medical board is to proceed with the TIPS procedure and arrange for a liver transplant at an advanced multidisciplinary centre abroad.

The way the AL-led government has been handling Khaleda Zia's treatment issue lacks political courtesy and reeks of vengeance. This sets a perilous precedent for the future of Bangladeshi politics. We mustn't forget how the attempted assassination of Sheikh Hasina on August 21, 2004 vitiated the political culture of Bangladesh, leaving behind a legacy of deep-seated animosity that endures to this day. If the government's obstinacy leads to a fatal outcome for Khaleda, it will only further degrade Bangladesh's politics and pose even greater challenges for the incumbents to navigate the consequent crisis. The government should seize this opportunity and promptly arrange for Khaleda's treatment abroad, as recommended by the medical board.

Shamsuddoza Sajen is a journalist and researcher. He can be reached at sajen1986@gmail.com

Views expressed in this article are the author's own.

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Chief Election Commissioner Kazi Habibul Awal said if he had been made the CEC of New Zealand or Britain, he could have finished the election by sitting on a chair sipping tea.

He said this while inaugurating the voters' list update programme-2022 at Savar in Dhaka today (May 20, 2022), reports our local correspondent.

"I told my colleagues that if I were the Chief Election Commissioner of New Zealand or Britain, I could have finished the election by sitting on a chair and sipping tea," he said.

"In many countries of the world, elections/voting rights are exercised, as you know, and I also know that no violence happened there. Everyone stands in queues and everyone goes and exercises their rights to vote," he added.

"I didn't have any kind of stress, and would not suffer from high blood pressure. But the situation in Bangladesh makes us stressed during the elections. We have to be careful," said the CEC.

"The Election Commission alone can never make an election a success. But here those who are employees of the Republic, such as police administration, and district administration have to play a very important role during the elections," he also said.

"Here, however, we have a big challenge. Exercising the voting right is the big challenge," he said.

"Yesterday I read a report of violence during elections in a newspaper. We want competition and a participatory election. But sometimes violence takes place in the vote. Chase and counter chases happened. A writer said that this is not our election crisis, it is our cultural crisis," he went on saying.

"How our culture has developed that we have to commit occurrence during elections. In many cases, this makes us sad. We need to get out of this exercise and maybe it will take some time," he added.

Md Humayun Kabir Khandker, EC secretary, also spoke at the event and called upon people, local government representatives, and administration to come forward for the cooperation of the staff engaged in the updating process of the voters' list.

That a day would come when the Election Commission would do anything beyond perfunctory efforts to stop electoral irregularities was unthinkable even a few days ago. But the unthinkable has happened. The suspension of the Gaibandha-5 by-poll, after voting was stopped in 50 out of 145 centres amid widespread irregularities and a mass boycott by all but one candidate, is an extraordinary move, an exercise of the highest power granted to the EC. We welcome the EC for showing such courage – a rarity for bureaucrats-turned-commissioners – which is perhaps the only silver lining to an otherwise botched operation. But courage alone will not be enough to ensure fair elections, nor can it make up for the EC's – and by extension, the administration's – inability to control the Gaibandha situation.   

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Situation went ‘out of control’

The suspension decision has, justifiably, stunned both political parties and election observers, who noted its unprecedented nature in the recent history of parliamentary elections. But too much focus on the merits of the decision risks taking away from the fact that serious irregularities did occur, in the presence of election and law enforcement officials no less. The EC cited irregularities including illegal presence of individuals in polling booths, voters being forced to vote for a certain candidate, criminals cutting the cables of CCTV cameras, etc. The situation was "out of control", it said. Some candidates also alleged that their agents were forced out of the centres. An independent candidate even said that Awami League men didn't allow him to cast his own vote.

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Is Gaibandha-5 by-poll a prelude to the main show?

So, while it's true that the EC took a drastic decision in its first brush with parliamentary elections, it is also true that it did so in the face of tremendous odds. If this is a sign of things to come, we have every reason to worry about the upcoming national election. Right now, the challenge for the EC is to get the Gaibandha-5 by-poll back on track. But it also has to investigate all reported irregularities and the potential complicity of election officials, and punish those responsible. Otherwise, all this will amount to nothing but a token concession to disgruntled opposition parties.

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‘I must thank the Election Commission’

Until Wednesday, the EC largely appeared to be appeasing the ruling party in election-related decisions. It allowed the use of electronic voting machines (EVMs) in the upcoming national election, despite protests from most political parties. It refused to punish high-profile violators of electoral codes. It failed to send a strong message to field-level administrators – deputy commissioners (DCs) and superintendents of police (SPs) – after their grievous misconduct in a recent conference. As well as setting examples of neutrality and transparency in all its actions and preventing any collusion among election officials and the ruling party, the EC also has to figure out a way to secure unconditional support from the administration.

This is a tall order indeed, and we remain unconvinced that the EC can navigate all these challenges and hold fair elections on its own. This is why the support of all stakeholders, especially the ruling party and the administration, is vital. The public has grown tired of watching violent and non-participatory elections year after year. The authorities must find a way to avoid that in the future.

A Dhaka court today framed charges against BNP Chairperson Khaleda Zia and seven others in the Niko graft case.

Khaleda, now on bail, pleaded not guilty through her lawyer Masud Ahmed Talukder and demanded justice after Judge Sheikh Hafizur Rahman of the Special Judge's Court-9 of Dhaka read out the charges.

Before that, the judge rejected the petition submitted on Khaleda's behalf. The petition was filed seeking time for hearing on charge framing against her on the next scheduled date.

Four others -- former acting secretary for energy ministry Khondaker Shahidul Islam, its former senior assistant secretary CM Yusuf Hussain, and BNP acting chairman Tarique Rahman's close friend Giausuddin Al Mamun -- also pleaded not guilty after the same judge read out the charges.

The judge also dismissed the petition submitted on behalf of former Dhaka Club president Selim Bhuiyan seeking time for his non-appearance, cancelled his bail and issued an arrest warrant against him.

Charges were framed against him in absentia.

The judge set May 23 for starting the trial of the case.

Also, during today's hearing, the judge expressed dissatisfaction over repeated petitions for adjournment.

Three others, including former principal secretary to the former prime minister, Kamal Uddin Siddiqui, have been absconding.

The Anti-Corruption Commission (ACC) filed the case in December 2007, accusing Khaleda and several others of abusing power to award a gas exploration and extraction deal to Canadian company Niko when she was prime minister between 2001 and 2006.

Three of the accused in the case -- including former state minister for energy and BNP leader AKM Mosharraf Hossain and former law minister Moudud Ahmed-- died earlier. Their names were dropped from the charges of case.

Meantime, Khaleda Zia who stands as accused in 33 other cases, was convicted on different terms of punishment in two other cases, including Zia Charitable Trust Graft case.

BNP's rally demanding the party Chairperson Khaleda Zia's immediate and unconditional release started in front of the party's central office in Nayapaltan this afternoon.

The rally started around 2:40pm with a recitation from the Holy Quran, reports our correspondent from the spot

This is the first major programme organised by the BNP in nearly eight months.

A temporary stage has been set up in front of the party office.

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BNP rally foiled amid violence

BNP Secretary General Mirza Fakhrul Islam Alamgir, the chief guest of the rally, joined the programme along with other central leaders of the party.

The party's leaders and activists have taken positions in and around the Nayapaltan headquarters since noon.

Meanwhile, a large number of police and members of other law enforcement agencies have been deployed in Nayapaltan and its adjacent areas to avert any untoward situation.