Dhaka, May 24 – The High Court yesterday fixed Sunday for passing its order on a petition filed by BNP chairperson Khaleda Zia seeking bail in a murder case. The case was filed in connection with killing eight people and injuring 25-26 others by setting a bus on fire in Chauddagram of Camilla on February 2, 2015.
The HC bench comprising Justice AKM Asaduzzaman and Justice JBM Hassan said that it would hold the hearing on two other bail petitions of Khaleda in two other cases on Sunday and pass its order on the same day along with the aforesaid case.
However, both the defence and prosecution lawyers made contradictory statements over the HC order as defence lawyer Advocate Joynul Abedin said that the High Court would pass its order on the three bail petition on Sunday while attorney general (AG) Mahbubey Alam said that the HC would keep the matters in hearing list and it would hold further hearing on the bail petitions.
During yesterday’s hearing, Advocate Khandaker Mahbub Hossain, one of the counsels for Khaleda, told the court that the BNP chief has been suffering from various illnesses.
The HC has earlier granted her bail on health ground in Zia Orphanage Trust graft case even the lower court convicted her five-year imprisonment in the case. Later, the Appellate Division has also upheld HC order granting her bail in the case. Now, my humble submission before the court that the HC should grant her bail considering her old age and health condition in accordance with the 497 of the Criminal Procedure of Code (CrPC), Hossain noted.
Opposing his submission, AG Mahbubey Alam told the court that the BNP chief could not move before the High Court for bail at this stage as the lower court is scheduled to hear her bail pleas on June 7. So, the bail petitions are not maintainable at this stage.
Referring some decisions regarding the matter, the chief law officer of the state told the court that the High Court should return her bail prayers before the lower court concerned as the bail pleas were not filed with due process of law.
Later, the HC said that it would pass its order on Sunday in all three petitions after holding the hearing on two other bail petitions.
The BNP chief filed the three petitions on May 20 seeking bail in the three cases, in which she was being shown arrested in the meantime.
Among the three cases, two were filed in Camilla on charges of vandalising vehicles in 2015. Eight people were killed and at least 20 injured when assailants hurled a petrol bomb at a bus in Jagmohanpur area of Chouddagram under Camilla district during the BNP-led alliance’s protests on February 3, 2015. Two cases – one under Explosive Substances Act and another for murder – were filed against Khaleda Zia in connection with the incident.
The government has shown Khaleda arrested in the two cases after the court issued the arrest warrant against her following charge sheet submitted by the police in the cases.
Khaleda’s lawyers moved the Camilla District and Sessions Judge’s court for her bail in the two cases on Apr 23. The court set June 7 as the date for hearing the bail pleas. Khaleda’s lawyers then requested the date be brought forward, but the proposal was rejected.
After that, the BNP chief filed bail plea with the HC challenging the lower court decision.
The third case was filed by one Raihan Faruki Imam with a Narail court on September 24, 2015, for Khaleda’s remarks on the number of freedom fighters and Bangabandhu Sheikh Mujibur Rahman. Khaleda made the comments on December 21, 2015, at a meeting saying that Sheikh Mujib did not want independence of the country rather he wanted to be the prime minister of Pakistan.
Khaleda also said that there is a controversy over the number of freedom fighters. A local court later issued an arrest warrant and later Khaleda was shown arrested in the case.
Earlier on May 16, the Appellate Division of the Supreme Court upheld the High Court order that had granted bail to Khaleda in Zia Orphanage Trust graft case.
However, the BNP chief was not freed from jail, as she was shown arrested in some other cases filed with different police stations in Camilla, Dhaka, Narail, and Panchagarh including the three in which she has already sought bail. The BNP chairperson is currently facing a total of 36 cases. – – Special Correspondent
