The case of Khaleda Zia's Cantonment house
Wednesday, 4 August 2010
Ferdous Rahman
The government last year on April 08 cancelled the allotment of house to Chairperson of Bangladesh Nationalist Party (BNP), Khaleda Zia at 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. The decision came at a meeting of the cabinet with the presence of its members and secretaries to different ministries and divisions.
Going through various documents regarding the allotment, the cabinet identified numerous anomalies. The irregularities are that Begum Zia has been carrying out political activities from the cantonment house and the head office of Dandy Dyeing was also set up there. These go against the condition of the allotment.
The cabinet also found out that one cannot get allotment of two government houses in the capital, and a civilian cannot get a resident lease within a cantonment. The meeting also observed that unauthorised changes and extensions were made to the structure, violating the code of conduct for a military area.
Meanwhile, the Prime Minster Sheikh Hasina in a speech in parliament also requested Begum Zia to vacate the cantonment house where apartments would be built for the families of army officers who were killed in a mutiny on February 25, 2009 at BDR Headquarters at Peelkhana.
The 2.72-acre mansion was originally the official home of the deputy chief of army, chief of army staff and finally as the president of the country -- a position held by Ziaur Rahman, a military ruler who then converted himself into a civilian head of state through martial law proclamations after capturing the state power. Former President HM Ershad illegally allotted the house on lease to widow Khaleda Zia after the assassination of her husband Ziaur Rahman on May 30 in 1981. She was also allotted a house on a 1.5 bigha land in Gulshan in 1982. She, however, has been residing at the cantonment residence while she rented out the Gulshan residence. However, the house was allocated to her without a decision of the cabinet in 1981.
Following the cabinet decision, on April 20, 2009 the Military Lands and Cantonment Directorate (military estate office) served the notice on Khaleda to vacate her house in Dhaka Cantonment 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, 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. But the long-pending hearing on legal dispute over the leasehold of the house could not take place for long time due to unprecedented submission by her counsel in the High Court, praying for seeking time repeatedly. Her lawyers even have given no confidence in a bench. As a result the bench had to refer the mater to the Chief Justice for order.
While Khaleda was in power, she spent a large amount of government money through Public Works Department (PWD) and other public fund (about ten million takas) for the renovation of that building that can also be considered as an illegal act. Why would Bangladeshi taxpayers bear the expense of such extravaganza for a political leader? Therefore, the allotment was an illegal step and the government is to just removing the anomaly. Moreover, Khaleda Zia is one of the richest women in the world (according to FORBES magazine), who also officially declared undisclosed money to make into white.
A news item published in a daily on the previous day of the June 27, 2010 hartal mentioned the issue of cantonment residence with some other reasons behind the call by the BNP and its leading family for the hartal. The related news analysis stated that the BNP opted for street agitation as it failed to manage the government that the latter would not make a move on Begum Zia's cantonment house, and would withdraw the cases against the party chairperson and her sons.
A property of defense service cannot be transferred to a civilian. Again, act of taking cantonment house by Begum Zia knowing that another house in Gulshan was also given to her was illegal. On the other hand, no authority, even the government, does not have the power to allot the cantonment house to any individual, as per rules of the Cantonment Act 1924. When the present Prime Minister was the Leader of the Opposition, she was even barred from entering the cantonment with her vehicle to visit ailing writer Humayun Azad in Combined Military Hospital.
As a political leader of the country Begum Zia should not reside in the cantonment area. She should have left the residence there and reside at her Gulshan residence. She can also go to the official residence of the opposition leader in Minto Road which has been lying vacant. She should quit the cantonment house showing respect to the law and before taking legal steps by the government for vacating it. On her own, she should opt for handing over its possession to the Cantonment Board as the allocation was questionable on grounds of legality and the subsequent brand of terms under the contract after taking possession of the house.
However, the law should take its own course and existing rules and regulations related to lease should be applied to decide the allotment of a house about 29 years back in Dhaka Cantonment area to Begum Khaleda Zia on the basis of the law of the country.
The writer can be reached at e-mail: ferdous.rahmaan@gmail.com
The government last year on April 08 cancelled the allotment of house to Chairperson of Bangladesh Nationalist Party (BNP), Khaleda Zia at 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. The decision came at a meeting of the cabinet with the presence of its members and secretaries to different ministries and divisions.
Going through various documents regarding the allotment, the cabinet identified numerous anomalies. The irregularities are that Begum Zia has been carrying out political activities from the cantonment house and the head office of Dandy Dyeing was also set up there. These go against the condition of the allotment.
The cabinet also found out that one cannot get allotment of two government houses in the capital, and a civilian cannot get a resident lease within a cantonment. The meeting also observed that unauthorised changes and extensions were made to the structure, violating the code of conduct for a military area.
Meanwhile, the Prime Minster Sheikh Hasina in a speech in parliament also requested Begum Zia to vacate the cantonment house where apartments would be built for the families of army officers who were killed in a mutiny on February 25, 2009 at BDR Headquarters at Peelkhana.
The 2.72-acre mansion was originally the official home of the deputy chief of army, chief of army staff and finally as the president of the country -- a position held by Ziaur Rahman, a military ruler who then converted himself into a civilian head of state through martial law proclamations after capturing the state power. Former President HM Ershad illegally allotted the house on lease to widow Khaleda Zia after the assassination of her husband Ziaur Rahman on May 30 in 1981. She was also allotted a house on a 1.5 bigha land in Gulshan in 1982. She, however, has been residing at the cantonment residence while she rented out the Gulshan residence. However, the house was allocated to her without a decision of the cabinet in 1981.
Following the cabinet decision, on April 20, 2009 the Military Lands and Cantonment Directorate (military estate office) served the notice on Khaleda to vacate her house in Dhaka Cantonment 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, 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. But the long-pending hearing on legal dispute over the leasehold of the house could not take place for long time due to unprecedented submission by her counsel in the High Court, praying for seeking time repeatedly. Her lawyers even have given no confidence in a bench. As a result the bench had to refer the mater to the Chief Justice for order.
While Khaleda was in power, she spent a large amount of government money through Public Works Department (PWD) and other public fund (about ten million takas) for the renovation of that building that can also be considered as an illegal act. Why would Bangladeshi taxpayers bear the expense of such extravaganza for a political leader? Therefore, the allotment was an illegal step and the government is to just removing the anomaly. Moreover, Khaleda Zia is one of the richest women in the world (according to FORBES magazine), who also officially declared undisclosed money to make into white.
A news item published in a daily on the previous day of the June 27, 2010 hartal mentioned the issue of cantonment residence with some other reasons behind the call by the BNP and its leading family for the hartal. The related news analysis stated that the BNP opted for street agitation as it failed to manage the government that the latter would not make a move on Begum Zia's cantonment house, and would withdraw the cases against the party chairperson and her sons.
A property of defense service cannot be transferred to a civilian. Again, act of taking cantonment house by Begum Zia knowing that another house in Gulshan was also given to her was illegal. On the other hand, no authority, even the government, does not have the power to allot the cantonment house to any individual, as per rules of the Cantonment Act 1924. When the present Prime Minister was the Leader of the Opposition, she was even barred from entering the cantonment with her vehicle to visit ailing writer Humayun Azad in Combined Military Hospital.
As a political leader of the country Begum Zia should not reside in the cantonment area. She should have left the residence there and reside at her Gulshan residence. She can also go to the official residence of the opposition leader in Minto Road which has been lying vacant. She should quit the cantonment house showing respect to the law and before taking legal steps by the government for vacating it. On her own, she should opt for handing over its possession to the Cantonment Board as the allocation was questionable on grounds of legality and the subsequent brand of terms under the contract after taking possession of the house.
However, the law should take its own course and existing rules and regulations related to lease should be applied to decide the allotment of a house about 29 years back in Dhaka Cantonment area to Begum Khaleda Zia on the basis of the law of the country.
The writer can be reached at e-mail: ferdous.rahmaan@gmail.com