SC upholds bail for Khaleda Zia
Immediate release 'unlikely'
Thursday, 17 May 2018
The Supreme Court has upheld the High Court's bail order for BNP Chairperson Khaleda Zia in a graft case, report agencies.
The Appellate Division delivered its verdict on Wednesday on two appeals against the High Court's bail order.
The bail, however, does not allow Khaleda to get freedom from jail soon, as she is named as an arrestee in other cases, lawyers said.
Lawyers from both sides, said the order does not necessarily mean Khaleda Zia will be released from jail because she has been shown arrested in connection with other cases.
A four-member bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain, passed the order after hearing two leave-to-appeal petitions filed over the issue.
On Khaleda's freedom from jail, BNP lawyer Moudud Ahmed said: "We have to try to seek bail in other cases for that. We'll try hard to secure the bail as early as possible. As the Appellate Division upheld the High Court order, it would be easy to get the bail in other cases."
ACC lawyer Khurshid Alam Khan told reporters that the Appellate Division has ordered the court to settle the appeal by July 31.
"We must follow the order. We'll request the court that we are getting ready to begin hearing the appeal."
Khaleda is facing 36 cases, BNP's Legal Affairs Secretary Kayser Kamal said. She has been summoned to appear on June 07 in two cases now proceeding in the Comilla court.
Attorney General Mahbubey Alam said the state will take preparation as soon as possible for the High Court hearing.
Right after the pronouncement of the verdict, Mahbubey Alam in his reaction said, "If a person secures bail in one case out of five then he or she has to remain behind bars until securing bail in all the remaining cases. I've no idea about how many cases have been filed against Khaleda Zia."
Necessary initiatives will be taken later over the HC order to dispose of the appeal petitions of Khaleda Zia by July 31, he said.
Asked in how many cases Khaleda was arrested, the Attorney General said, "I don't know about it....the Ministry of Home Affairs can say better."
Asked to comment on Khaleda's four-month bail, he said: "The four months will be counted from the day when the court granted her bail. And the days when the bail was stayed in the Appellate Division will be deducted from the four-month period."
Expressing satisfaction over the judgment, Khaleda's lawyer Kayser Kamal said ," Our client got justice from the Supreme Court."
He also hoped that Khaleda Zia will be released soon as there was no barrier to her release. "Khaleda Zia will be released soon if the government doesn't interfere," Kayser added.
He also said if the government shows her arrested in other cases they will move to the High Court.
She secured four months' bail from the High Court in the case on March 12.
On March 15, the ACC and the state filed two leave-to-appeal petitions before the Appellate Division challenging Khaleda Zia's bail. Later, the Appellate Division stayed Khaleda Zia's bail until May 8 in the case.
Meanwhile, the Supreme Court rejected on Wednesday the short-order petition filed by Khaleda Zia's lawyer on its previous judgement that upheld the bail order in Zia Orphanage Trust graft case.
Assuring the BNP lawyers of releasing the full order soon, the Supreme Court said there is no rule for the Appellate Division to release any short order in advance on its judgement.
A four-member bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain, passed the order around 11:30 am after delivering its order on the bail pleas in the graft case.
Khaleda's counsel AJ Mohammad Ali filed a petition before the court seeking a short order for submitting bail bond on the judgment.
Attorney General Mahbubey Alam said, "Khaleda Zia has been shown arrested in a number of cases. Besides, there's no provision to pass a short order from the Appellate Division." Justice Iman Ali also said, "There's no provision to pass such an order."
The Chief Justice then told the BNP counsel, "We refuse your prayer on short order."
At one stage, AJ Mohammad Ali told the court, "I've come to the court alone, not in a group."
In an instant reaction, Justice Mirza Hussain Haider, another member of the bench, said, "You can't force the court." Later, the Chief Justice said, "We don't pass order considering any group."
However, Mohammad Ali apologised to the court and said, "The court can react, but the court doesn't allow us (lawyers) to react."
Justice Hasan Foez Siddique then asked AJ Mohammad Ali why he was arguing with the Chief Justice as he has already refused to issue any short order.