SC rejects Khaleda's leave petition on cantt residence
Tuesday, 30 November 2010
The Appellate Division of the Supreme Court Monday dismissed the leave petition filed by BNP chairperson Begum Khaleda Zia over Mainul Road residence in Dhaka cantonment, report agencies.
It also rejected the prayers, seeking the stay of the operation of the High Court verdict and also for an order of mandatory injunction or status quo, filed by BNP chairperson Begum Khaleda Zia.
A regular bench of the Appellate Division sat on the day for hearing on the four separate petitions filed by the opposition leader Khaleda Zia.
The petitions included one urging a stay order on the High Court verdict that had declared the lease of that house to Khaleda Zia, illegal, an appeal challenging the verdict, a contempt of court petition against the government for forcing her out of that house and another petition demanding "repossession" of that house in its original form.
The bench of the Appellate Division was headed by chief justice ABM Khairul Haque.
Attorney general Mahbubey Alam argued for the state while Supreme Court lawyers Khandaker Mahbub Hossain and Moudud Ahmed represented Khaleda.
After 90 minutes of exchanging opinions with the counsels of Begum Khaleda Zia, the three-judge bench dismissed the petitions mentioning, "The civil petition for leave to appeal (CP) and petition seeking stay of the High Court verdict and praying mandatory injunction or status quo is dismissed as these were not being pressed".
The court, however, said the petition praying for drawing up proceeding of contempt of court should be heard later on.
T H Khan, counsel for Begum Zia initiated his submission saying he has been instructed to initiate the petition for drawing up proceeding of contempt of court, but the Chief Justice advised him to initiate hearing on the leave petition.
"We will hear all the petitions chronologically mentioned in the cause-list," the chief justice assured Begum Zia's counsel, but he did not respond to the advise of the Chief Justice.
After 90 minutes of exchanging opinion from both sides, Chief Justice passed an order by dismissing the leave petition, along with two other petitions after describing the entire picture.
Meanwhile, special security measures were taken on Monday at the court premises. Additional police and Rapid Action Battalion personnel were deployed.
The state counsel received a series of bomb-attack threats over mobile phone over the order of the court following the hearing.
The mobile message containing the threat was sent from phone No. 97150761, and reached attorney general Mahbubey Alam around 4.30pm on the day.
It threatened that there would be "bomb explosions" if the hearing at Supreme Court scheduled on Monday did not go "in favour of honourable Madam Khaleda Zia".
It may be recalled a High Court Division bench on October 13 dismissed a writ petition filed by Begum Khaleda Zia that challenged the notices issued on her asking to delivery the property at 6, Mainul Road, Dhaka cantonment to the Military Estates officer.
The High Court in the verdict said Begum Zia would get at least 30 days to leave the house.
A High Court bench on May 27 last year issued a rule on the authorities concerned asking to show cause why the notices served on her should not be declared illegal and without lawful authority.
It also stayed the operation of the notices for three months.
The duration of the stay order was extended several times.
On February 15 this year, a petition was moved for the State to fix a date for hearing of the writ petition.
Accordingly, the case was sent before a two-judge bench for hearing, but Begum Zia's counsel prayed several times for adjournment.
At one stage, they expressed their no confidence in the bench.
Later, the chief justice sent the case before a new bench, comprising Justice Nazmun Ara Sultana and Justice Sheikh Hasan Ariff.
After 22 days of hearing, this bench pronounced the judgment, rejecting the writ petition, which was initiated on June 6 this year.
Being aggrieved with the High Court verdict, Begum Khaleda Zia filed a civil petition for leave to appeal before the Appellate Division, along with a petition seeking the stay of the operation of the High Court verdict.
The petitions were referred to the full bench of the Appellate Division while it was moved before the judge in chamber on November 9 which set the following day (November 10) for hearing.
The full bench of the Appellate Division on November 10 adjourned the hearing till November 29 (today) granting a prayer of Begum Khaleda Zia's counsel Advocate TH Khan.
On November 13, Begum Khaleda Zia left the residence but later at a press conference at her Gulshan office she alleged that she was forcibly evicted.
On November 23, Begum Khaleda Zia filed two separate petitions before the Appellate Division, bringing the allegation that the authorities concerned committed contempt of court by evicting her as the leave petition was pending before the Appellate Division. Another petition was filed praying for an order of mandatory injunction or status quo on the 6, Mainul Road residence.
It also rejected the prayers, seeking the stay of the operation of the High Court verdict and also for an order of mandatory injunction or status quo, filed by BNP chairperson Begum Khaleda Zia.
A regular bench of the Appellate Division sat on the day for hearing on the four separate petitions filed by the opposition leader Khaleda Zia.
The petitions included one urging a stay order on the High Court verdict that had declared the lease of that house to Khaleda Zia, illegal, an appeal challenging the verdict, a contempt of court petition against the government for forcing her out of that house and another petition demanding "repossession" of that house in its original form.
The bench of the Appellate Division was headed by chief justice ABM Khairul Haque.
Attorney general Mahbubey Alam argued for the state while Supreme Court lawyers Khandaker Mahbub Hossain and Moudud Ahmed represented Khaleda.
After 90 minutes of exchanging opinions with the counsels of Begum Khaleda Zia, the three-judge bench dismissed the petitions mentioning, "The civil petition for leave to appeal (CP) and petition seeking stay of the High Court verdict and praying mandatory injunction or status quo is dismissed as these were not being pressed".
The court, however, said the petition praying for drawing up proceeding of contempt of court should be heard later on.
T H Khan, counsel for Begum Zia initiated his submission saying he has been instructed to initiate the petition for drawing up proceeding of contempt of court, but the Chief Justice advised him to initiate hearing on the leave petition.
"We will hear all the petitions chronologically mentioned in the cause-list," the chief justice assured Begum Zia's counsel, but he did not respond to the advise of the Chief Justice.
After 90 minutes of exchanging opinion from both sides, Chief Justice passed an order by dismissing the leave petition, along with two other petitions after describing the entire picture.
Meanwhile, special security measures were taken on Monday at the court premises. Additional police and Rapid Action Battalion personnel were deployed.
The state counsel received a series of bomb-attack threats over mobile phone over the order of the court following the hearing.
The mobile message containing the threat was sent from phone No. 97150761, and reached attorney general Mahbubey Alam around 4.30pm on the day.
It threatened that there would be "bomb explosions" if the hearing at Supreme Court scheduled on Monday did not go "in favour of honourable Madam Khaleda Zia".
It may be recalled a High Court Division bench on October 13 dismissed a writ petition filed by Begum Khaleda Zia that challenged the notices issued on her asking to delivery the property at 6, Mainul Road, Dhaka cantonment to the Military Estates officer.
The High Court in the verdict said Begum Zia would get at least 30 days to leave the house.
A High Court bench on May 27 last year issued a rule on the authorities concerned asking to show cause why the notices served on her should not be declared illegal and without lawful authority.
It also stayed the operation of the notices for three months.
The duration of the stay order was extended several times.
On February 15 this year, a petition was moved for the State to fix a date for hearing of the writ petition.
Accordingly, the case was sent before a two-judge bench for hearing, but Begum Zia's counsel prayed several times for adjournment.
At one stage, they expressed their no confidence in the bench.
Later, the chief justice sent the case before a new bench, comprising Justice Nazmun Ara Sultana and Justice Sheikh Hasan Ariff.
After 22 days of hearing, this bench pronounced the judgment, rejecting the writ petition, which was initiated on June 6 this year.
Being aggrieved with the High Court verdict, Begum Khaleda Zia filed a civil petition for leave to appeal before the Appellate Division, along with a petition seeking the stay of the operation of the High Court verdict.
The petitions were referred to the full bench of the Appellate Division while it was moved before the judge in chamber on November 9 which set the following day (November 10) for hearing.
The full bench of the Appellate Division on November 10 adjourned the hearing till November 29 (today) granting a prayer of Begum Khaleda Zia's counsel Advocate TH Khan.
On November 13, Begum Khaleda Zia left the residence but later at a press conference at her Gulshan office she alleged that she was forcibly evicted.
On November 23, Begum Khaleda Zia filed two separate petitions before the Appellate Division, bringing the allegation that the authorities concerned committed contempt of court by evicting her as the leave petition was pending before the Appellate Division. Another petition was filed praying for an order of mandatory injunction or status quo on the 6, Mainul Road residence.