About Cantonment House of the leader of the opposition
Thursday, 21 October 2010
Ferdous Rahman
A High Court division bench on October 13 declared valid the government notice, asking the Chairperson of Bangladesh Nationalist Party (BNP), Khaleda Zia to vacate her cantonment house. The bench rejected the writ petition filed by the opposition leader challenging the notice issued to her to vacate the house and directed the opposition leader to vacate her house within 30 days. The deadline started to count from the High Court's rejection Khaleda's petition.
The government last year on April 8 cancelled the allotment of BNP Chairperson's house on 6 Shaheed Mainul Road in Dhaka Cantonment due to a number of anomalies and violation of lease terms regarding the allotment within the military zone. On April 20, 2009 the Military Lands and Cantonment Directorate (military estate office) served the notice upon Khaleda to vacate her house within 15 days. A legal notice, on behalf of Begum Zia, on April 23, 2009 was served on the government to withdraw its notice.
Finally, the BNP brought the issue to the court. A writ petition was submitted to High Court Division challenging the government's notice asking Begum Zia to vacate the house. On May 27 last year, the High Court in its ruling upon the writ petition, stayed the operation of the notice for the vacation of the house and issued a rule asking the government to explain why the impugned notice should not be declared illegal and in violation of the petitioner's fundamental rights. But the long-pending hearing on legal dispute over the leasehold of the house could not take place for a long time due to unprecedented submission by her counsel in the High Court who prayed for seeking time repeatedly. Her lawyers even have given no confidence in the bench. As a result, the bench had to refer the mater to the Chief Justice for order.
Just minutes after the verdict by the bench, pro-BNP lawyers took out a protest procession at the Supreme Court yard. TH Khan, a lawyer for Khaleda Zia, told the media that they would file an appeal with the appellate division against the verdict. However, the BNP Secretary General, Khondoker Delwar Hossain has questioned the HC verdict and threatened to launch a movement to retain Khaleda's cantonment house.
In the mean time, the president of the Supreme Court Bar Association (SCBA) who is at the same time leader of pro BNP-Jamaat lawyers demanded that the government should immediately go for an out-of court settlement over the 'sensitive' issue. But the Law Minister has dismissed any out-of-court settlement, as demanded by the president of the SCBA, after the High Court ruling over the disputed issue. Terming the SCBA president's statement as disrespect to court, the Law Minister advised the apex court lawyers to accept the court's order, being respectful to its ruling.
After this, BNP standing committee member Salahuddin Quader Chowdhury has viewed that the issue should be left to the army to settle and politics or judiciary has nothing to do with it. However, he is in favour of Khaleda Zia's staying outside of the cantonment.
Now, following the verdict of the High Court, the issue of Khaleda Zia's cantonment house is going to be over. It is in fact too late to go for out-of-court settlement and when the Military Lands and Cantonment Directorate issued the first notice, the BNP could say that it is a military affair and stand by that. The BNP rather took the issue to the court. And again when the High Court stayed the government notice for three-months, the BNP was joyous; and now when the same court declared the government notice valid, the BNP leaders are questioning the HC verdict.
The BNP is still having the scope to appeal to the Appellate Division against the High Court verdict or to accept the verdict without raising any question. The opposition leader should engage herself in the politics of people's welfare instead of focusing on the house and other family issues.
(The writer who is Coordinator, Media for Development, can be reached at E-mail: ferdous.rahmaan@gmail.com)
A High Court division bench on October 13 declared valid the government notice, asking the Chairperson of Bangladesh Nationalist Party (BNP), Khaleda Zia to vacate her cantonment house. The bench rejected the writ petition filed by the opposition leader challenging the notice issued to her to vacate the house and directed the opposition leader to vacate her house within 30 days. The deadline started to count from the High Court's rejection Khaleda's petition.
The government last year on April 8 cancelled the allotment of BNP Chairperson's house on 6 Shaheed Mainul Road in Dhaka Cantonment due to a number of anomalies and violation of lease terms regarding the allotment within the military zone. On April 20, 2009 the Military Lands and Cantonment Directorate (military estate office) served the notice upon Khaleda to vacate her house within 15 days. A legal notice, on behalf of Begum Zia, on April 23, 2009 was served on the government to withdraw its notice.
Finally, the BNP brought the issue to the court. A writ petition was submitted to High Court Division challenging the government's notice asking Begum Zia to vacate the house. On May 27 last year, the High Court in its ruling upon the writ petition, stayed the operation of the notice for the vacation of the house and issued a rule asking the government to explain why the impugned notice should not be declared illegal and in violation of the petitioner's fundamental rights. But the long-pending hearing on legal dispute over the leasehold of the house could not take place for a long time due to unprecedented submission by her counsel in the High Court who prayed for seeking time repeatedly. Her lawyers even have given no confidence in the bench. As a result, the bench had to refer the mater to the Chief Justice for order.
Just minutes after the verdict by the bench, pro-BNP lawyers took out a protest procession at the Supreme Court yard. TH Khan, a lawyer for Khaleda Zia, told the media that they would file an appeal with the appellate division against the verdict. However, the BNP Secretary General, Khondoker Delwar Hossain has questioned the HC verdict and threatened to launch a movement to retain Khaleda's cantonment house.
In the mean time, the president of the Supreme Court Bar Association (SCBA) who is at the same time leader of pro BNP-Jamaat lawyers demanded that the government should immediately go for an out-of court settlement over the 'sensitive' issue. But the Law Minister has dismissed any out-of-court settlement, as demanded by the president of the SCBA, after the High Court ruling over the disputed issue. Terming the SCBA president's statement as disrespect to court, the Law Minister advised the apex court lawyers to accept the court's order, being respectful to its ruling.
After this, BNP standing committee member Salahuddin Quader Chowdhury has viewed that the issue should be left to the army to settle and politics or judiciary has nothing to do with it. However, he is in favour of Khaleda Zia's staying outside of the cantonment.
Now, following the verdict of the High Court, the issue of Khaleda Zia's cantonment house is going to be over. It is in fact too late to go for out-of-court settlement and when the Military Lands and Cantonment Directorate issued the first notice, the BNP could say that it is a military affair and stand by that. The BNP rather took the issue to the court. And again when the High Court stayed the government notice for three-months, the BNP was joyous; and now when the same court declared the government notice valid, the BNP leaders are questioning the HC verdict.
The BNP is still having the scope to appeal to the Appellate Division against the High Court verdict or to accept the verdict without raising any question. The opposition leader should engage herself in the politics of people's welfare instead of focusing on the house and other family issues.
(The writer who is Coordinator, Media for Development, can be reached at E-mail: ferdous.rahmaan@gmail.com)