Comilla Cases: SC extends stay order on Khaleda's bail

BNP Chairperson Khaleda Zia. File photo

The Supreme Court yesterday extended its chamber judge's order that stayed the bail granted by the High Court to BNP Chairperson Khaleda Zia in two criminal cases filed in Comilla.

One of the cases was filed in connection with vandalising vehicles in Comilla's Chouddagram upazila on January 25, 2015. She was accused in the other case of killing eight people and injuring 25-26 others by setting fire to a bus in the same upazila on February 2, 2015.

Also yesterday, the High Court denied bail to Khaleda in two other cases filed over observing “fake” birthdays and “demeaning” the national flag.

The SC asked government to file two separate leave to appeal petitions with it by June 24 against the HC bail orders in the cases filed in Comilla.

The apex court fixed June 24 for holding hearing on the leave to appeal petitions.

A three-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossein passed the order after hearing two separate petitions filed by the government seeking stay on the HC bail orders.

Khaleda's lawyer Khandker Mahbub Hossain said since his client was accused in many other cases, she would not be able to walk out of jail through the legal process without the government's goodwill.

Even if Khaleda Zia gets bail from the SC in the two Comilla cases, the government can record her as arrested in other cases, he told The Daily Star.

The lawyer added that 41 of the 77 accused in the case filed over killing in Comilla were on bail while the rest were on the run.     

The SC stayed HC orders of bail for Khaleda, as the full text of the HC was not released and the grounds on which the HC granted her bail could not be known.  

During yesterday's hearing, Attorney General Mahbubey Alam told the SC that Khaleda should not get bail in the cases as the incidents of torching vehicles and the vandalism took place at her direction, instruction and instigation.

Lives and properties of many people have been damaged by the arson and vandalism, he said, adding that the victims of the incidents had the right to justice.  

Khaleda's lawyer Khandker Mahbub Hossain opposed the government petitions, saying that there was no specific allegation against his client and her name was not mentioned in the first information reports of the cases.

Khaleda is aged and suffers illnesses and therefore, she is entitled to get bail in accordance with the law, he argued.

On May 28, the HC granted bail for six months to Khaleda in the two cases. But, the government filed two petitions with the SC against her bail.

The chamber judge of the SC on May 29 stayed the HC orders of bail and sent the stay petitions to its full bench for their hearing yesterday.

The HC ordered the chief metropolitan magistrate courts concerned in Dhaka to expeditiously hear and dispose of the bail petitions filed by Khaleda in the cases filed on charges of observing “fake” birthday and “demeaning” the national flag.

The HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim passed the order after hearing two separate bail petitions filed by Khaleda.

Khaleda filed the petition with the HC on May 22 seeking bail in the two cases lodged in Dhaka in 2016.

One of the cases was filed by Gazi Zahirul Islam, former joint general secretary of Dhaka Union of Journalists, on August 30, 2016, with a Dhaka court against Khaleda for allegedly celebrating her “fake” birthday on August 15 every year.

The second case was filed by AB Siddique, president of Bangladesh Jananetri Parishad, a pro-Awami League organisation, with a Dhaka court on November 3, 2016, accusing Khaleda and her late husband and former president Ziaur Rahman of “undermining” the country's map and national flag.

Khaleda had filed two separate petitions with the CMM court in Dhaka in April this year seeking bail in the cases.