Dhaka, March 14 – The Appellate Division of the Supreme Court Wednesday stayed the High Court order that granted a four-month interim bail to BNP Chairperson Khaleda Zia in the Zia Orphanage Trust graft case until Sunday. This ignited protest from pro-BNP lawyers who complained Khaleda was not heard. A four-member Appellate Division bench, led by Chief Justice Syed Mahmud Hossain, passed the order, hearing two petitions, filed against the High Court order. The court also asked the petitioners to file regular leave-to- appeal petitions by Sunday.
Earlier on Tuesday, Appellate Division Chamber Judge Justice Hasan Foez Siddique sent the petitions to the full bench of the Appellate Division without giving any order.
Advocate Sufia Khatun filed a petition on behalf of the state while Prosecutor Khurshid Alam Khan lodged another petition on behalf of the Anti-Corruption Commission (ACC).
A late report says Khaleda’s lawyers filed a petition with the Chamber Judge seeking vacation of the stay order against Khaleda’s bail.
Afterwards, pro-BNP lawyers who are dominating the SC bar executive committee for the last one dacade staged protests on the Supreme Court premises demanding the resignation of Chief Justice Syed Mahmud Hossain after suspension of a High Court order that granted Khaleda Zia bail.
The lawyers brought out a procession on the court premises and shouted slogans against the chief justice on Wednesday.
In the morning, a four-member Appellate Division bench, led by the chief justice, stayed Khaleda’s bail and fixed Sunday for a hearing.
BNP-affiliated lawyers expressed indignation inside the courtroom as the bench issued the order after hearing the statement of Anti-Corruption Commission’s counsel Khurshid Alam.
Outside the court, Khaleda’s lawyer Zainul Abedin said they were “hurt” at the apex court’s order after hearing only one party. “We cannot find perfect words to describe the court’s order,” he said.
The BNP chairperson is currently in jail after being convicted in a corruption case.
‘Court stayed bail without listening to us’
Zainul said the top court usually listened to both parties before issuing an order.
“But today, as soon as the ACC lawyer presented the appeal, the court said to file a leave to appeal on Sunday and that the bail will be stayed until then,” he said.
“He [the chief justice] did not listen to our argument and did not give us the minimum opportunity to face the case legally. Instead, it approved a stay order,” he added.
Zainul said the move was “unprecedented” and unexpected. “The highest court never interfered in such short sentences,” the lawyer said.
“We wanted to tell the court that Khaleda Zia could not get out of jail even if you do not issue a stay order. The government will not let her out. Already, it has planned to arrest her in various cases.
“If you issue a stay order, it will have a negative effect on the people. But the court did not listen to us.”
The lawyer hoped that the court would listen to both parties on Sunday, adding: “[We hope] the court will vacate today’s order keeping in mind the previous examples and Khaleda Zia will walk free.” –
Earlier, on Monday, the High Court granted interim bail to Khaleda Zia. On February 22, BNP Chief Khaleda Zia filed a petition with the High Court seeking bail in the Zia Orphanage Trust graft case. On the day, the High Court asked the lower court to submit all the relevant documents within 15 days.
On February 8, the Special Judge Court-5 of Dhaka convicted the former Prime Minister and BNP Chairperson and sentenced her to five years’ imprisonment with fine in the Zia Orphanage Trust graft case. She was then sent to old central jail on Nazimuddin Road of the old city. – Special Correspondent
Heated argument between Khaleda’s lawyers and CJ: Courtesy – bdnews24.com
A fiery argument between the pro-BNP lawyers and Chief Justice Syed Mahmud Hossain at the Supreme Court has been capped off by the Supreme Court blocking Khaleda Zia’s bail.
A fiery argument between the pro-BNP lawyers and Chief Justice Syed Mahmud Hossain at the Supreme Court has been capped off by the Supreme Court blocking Khaleda Zia's bail.
The BNP chief had secured the bail from the High Court after her conviction of corruption in Zia Orphanage Trust by a trial court.
The four-strong Appellate Division bench headed by Chief Justice Hossain on Wednesday froze until Sunday the four-month interim bail.
The latest order by the apex court means the State and the Anti-Corruption Commission or ACC will be able to file regular appeals seeking permission to challenge the High Court’s bail order.
Lawyers for Khaleda, irked by the stay order, say it has ‘undermined the image’ of the Supreme Court.
The lawyers for the BNP chief, however, did not get orders in their favour when they moved a Comilla court against a previous order showing her arrested in a case of violence during protests in 2015.
It means Khaleda has to remain in jail even if the Supreme Court upholds the High Court’s bail order and until the Comilla court gives an order in her favour.
The former prime minister has been serving a five-year prison sentence in the old Dhaka Central Jail on Nazimuddin Road since Feb 8 when a Dhaka court convicted her of misusing international donations meant for an orphanage.
After the High Court granted her bail on Monday, the State and the ACC moved the chamber judge, Justice Hasan Foez Siddique on Tuesday, seeking a stay on the bail order.
The chamber judge, however, forwarded the case for hearing to the full bench of the Appellate Division without blocking it.
When ACC lawyer Khurshid Alam started making his arguments on Wednesday, Chief Justice Hossain asked him to bring first the civil petition (CP) for leave to appeal, or a petition seeking permission to challenge any order.
“The civil petition hasn’t arrived yet. We’ll see the matter when it comes,” Justice Hossain said. He then asked Khurshid whether they got a copy of the chamber judge’s order. The ACC lawyer said they did not get the copy on Tuesday as the office hours ended at 5pm.
He said they would submit the CP after getting a copy of the order. “That’s why we’ve sought a stay until Sunday or Monday,” he said.
“File the CP first. It’s stayed until then,” the chief justice said at this point. Then, two of Khaleda’s lawyers – former attorney general AJ Mohammad Ali and Supreme Court Bar Association President Zainal Abedin – stood up.
“Won’t you like to hear from us? Have you issued a stay order without hearing us?” Abedin asked the chief justice.
The chief justice replied, “It has been stayed until Sunday. We will hear (from you) on that day.”
Abedin said, “You’ve issued the order without hearing from us. We have something to say.”
“Please let the court work in its own way,” Justice Hossain told the BNP lawyers.
Abedin then said the court should not stay the High Court’s bail order in such a way that can ‘damage public perception about the court’.
“The court doesn’t think about public perception,” the chief justice replied.
Khaleda’s counsel pointed out that the chamber judge did not stay the High Court’s bail order.
“When the accused is not getting out, what’s the need for a stay?” he asked.
Mohammad Ali stood up again at the time and said, “We haven’t been given a chance (to speak) at the hearing. It contravenes the proper judicial system.”
Paying no attention to what the BNP lawyers were saying, the court continued with other cases on the cause list as per the schedule; but the pro-BNP lawyers remained on their feet in the courtroom.
“Why are you still standing (here)? This is against the decorum of the court. How will we work if you keep standing like this?” the chief justice asked them.
“You’ve issued a one-sided stay order without hearing from us. You must hear from us. Why won’t you hear?” former SCBA vice-president Gias Uddin Ahmad asked the chief justice.
“Do I need to know from you whom should we hear?” the chief justice asked. “You must hear from us,” Gias Uddin replied.
“Are you threatening the court? This is too much!” Justice Hossain said. “You must listen to us before issuing the order,” Gias Uddin said.
“Don’t threaten (the court),” the chief justice asked the pro-BNP lawyer.
The BNP-backed lawyers then turned up the volume and began to speak loudly.
SCBA General Secretary Mahbub Uddin Khokon, addressing Attorney General Mahbubey Alam, said at the time, “You’ve ruined the court.”
As the top legal officer of the state remained silent, a group of lawyers left the courtroom, shouting: “Agent! (Government) agent!”
The pro-BNP lawyers later took out a procession demanding resignation of the chief justice.
Abedin told the media later that the stay order ‘deeply saddened’ them.
“The judiciary has never been like this. We haven’t expected this of the judiciary. I am lost for words,” he said.
ACC lawyer Khurshid said he was ‘happy’ at the stay order. He said they would file the appeal challenging the High Court’s bail order on Wednesday or within Thursday afternoon.
Attorney General Alam criticised the pro-BNP lawyers for quarrelling with the chief justice.
He said the Supreme Court only followed the normal procedure to hear such cases.
