Wait for bail not over yet

BNP Chairperson Khaleda Zia, who landed in jail on February 8 upon conviction in a graft case, has to wait for one and a half months more to know if she can enjoy her bail secured from the High Court a week ago.

The Supreme Court yesterday stayed the HC order that granted her four months' bail in the Zia Orphanage Trust case that saw her sentenced to five years in jail.

A four-member SC bench headed by Chief Justice Syed Mahmud Hossain also allowed the Anti-Corruption Commission and the government to move separate appeals before this court against the HC order and fixed May 8 for hearing of the appeals.

Following the SC order, Khaleda cannot be released from jail, Attorney General Mahbubey Alam later told reporters at his office.

Talking to The Daily Star, ACC lawyer Khurshid Alam Khan said the stay order will remain in effect until hearing and disposal of the appeals and therefore, she cannot walk out of jail before the disposal.

Khaleda's lawyers termed the SC order "unprecedented" and "unwarranted." They said the SC did not assign any reason for granting the ACC and the government leave to appeal against the HC order.

Yesterday, the apex court asked the ACC and government to submit concise statements on the appeals against the HC order in two weeks after receiving its order.

SC also asked Khaleda's lawyers to submit concise statements on the appeals to this court in two weeks after the ACC and the government will place theirs. 

A concise statement contains the points on which the lawyers place arguments on the appeals before the court.

In an open court, Chief Justice Syed Mahmud Hossain said they will hear the appeals on May 8, and will conclude the hearing of the appeal by May 9.

Even if her bail is upheld by the SC on or after May 9, she may not be able to get released from jail due to legal complexities she has been facing in some other cases.

Separate trial courts have already issued four warrants asking the jail authorities to produce her before the courts on separate dates in connection with graft and arson cases.

If Khaleda's bail is upheld by the apex court, her lawyers will need to file petitions to the trial courts concerned, seeking withdrawal of the production warrants issued in Gatco, Boropukuria coalmine, Zia Charitable and Comilla arson case.

Her lawyers last week filed petitions to two Dhaka courts for withdrawal of two production warrants issued in Gatco and Boropukuria cases.

The courts then asked her lawyers to produce copy of the HC bail order. But they failed to do so and the petitions remained pending. Later, two other production warrants were issued.

Besides, Khaleda has been shown arrested in the Comilla arson case on March 12, the day she secured bail in the Zia Orphanage case. Two days later, a Comilla court denied her bail in the arson case. 

Her lawyers now need to move to the district judge's court challenging the denial of the bail.

If rejected, they need to go to the High Court, seeking bail for Khaleda in the arson case, which was filed in 2015 following the killing of eight passengers. She has been accused of masterminding the attack.

She is also facing arrest warrants in four more cases -- two over arson, one each for defamation and fake birthday celebration.  Khaleda is accused of being the mastermind also in the arson case being probed by Phultola Police Station in Khulna.

If the prosecution wants, they may apply to the courts, seeking permission for showing Khaleda arrested in those cases. If it does so, her lawyers then will require moving to separate courts, seeking bail in those cases.

She is now facing a total of 34 cases.

On February 8, a Dhaka court found her guilty of misappropriating a donation fund of the Zia Orphanage Trust.

The HC on March 12 granted her four months' bail on four grounds: a short sentence of five years, health condition, her facing trial, and that the case records have reached the court.

The government and the ACC on March 15 filed two leave-to-appeal petitions with the SC challenging the HC bail order.

COURT PROCEEDINGS

Around 9:30am yesterday, Chief Justice Syed Mahmud Hossain said all the four judges of the apex court passed the order unanimously after examining the records of the case.

Before that, the SC had fixed May 22 for hearing the appeals. It rescheduled the hearing for May 8 following a prayer from Khaleda Zia's lawyers. 

Hours after the apex court fixed May 8 for the hearing, Khaleda's lawyers led by barrister Jamiruddin Sircar moved a prayer before the court to re-fix the date for hearing the appeals before April 13.

Jamiruddin mentioned that the apex court will go on vacation from April 13 and remain closed until May 6.

Khaleda has been suffering in jail and she is sick, and this is why, the hearing of the appeals should be held before the apex court goes on vacation, he added.

The chief justice said the court has fixed May 8 for hearing the appeals and it will hear it on that day “without fail and without any adjournment” and conclude it by May 9.

BNP'S REACTION

Barrister Moudud Ahmed, a lawyer for Khaleda, termed the SC order unprecedented and said they will continue legal fight for her release.

Advocate Zainul Abedin, another counsel, said the SC did not mention any reason for staying the HC order and this is “unprecedented and “unwarranted”.

He said they are very shocked by the SC order.

BNP Secretary General Mirza Fakhrul Islam Alamgir at a press briefing at the party's Nayapaltan headquarters alleged that Khaleda Zia was denied justice by the apex court.

Fakhrul said his party will hold a rally at Suhrawardy Udyan on March 29 to press home their demand for Khaleda's release.

He also said the party will stage demonstrations across the country today.

ACC'S NEW MOVE

The ACC lawyer said the anti-graft body will file an appeal with the HC against “lenient” sentence handed down by the trial court to Khaleda, as the lower court has sentenced five other convicts of the same case to 10 years' imprisonment.

In the appeal, the ACC will pray to the HC to give adequate sentence to Khaleda, he said, adding that the appeal might be filed within a week.