Chief Justice constitutes new bench to hear Khaleda’s writ petition
The hearing on the writ petition filed by the former prime minister and BNP Chairperson Khaleda Zia challenging the legality of the government notice to asking her to vacate the Dhaka Cantonment house could not be held yesterday as the third bench of the High Court (HC) comprising Justice Zinat Ara and Justice AKM Abdul Hakim yesterday felt embarrassed.
When the matter was referred to Chief Justice MM Ruhul Amin, he constituted another bench comprising Justice M Anwarul Haq and Justice Farah Mahbub to hear the writ petition.
Earlier, when TH Khan, the counsel of Khaleda Zia submitted a prayer before the third bench to “stand over” for making the petition until Sunday next because of filing another affidavit petition with the court against the second vacation notice served to Begum Zia by the government, senior judge of the bench Justice Zinat Ara told him that her colleague Justice AKM Abdul Hakim felt embarrassed to hear the petition.
Then the lawyers of Khaleda led by TH Khan met the chief justice at his Supreme Court office at 1pm and prayed to him to form a bench of the HC as the third bench felt embarrassed to hear the petition.
Later, TH Khan told reporters that since another vacation notice in connection with Khaleda Zia’s cantonment house has been served in the meantime, they needed time to examine the issue at length.
“We have to submit another affidavit petition with the court in this regard. So, we will pray to the bench of Justice M Anwarul Haq and Justice Farah Mahbub tomorrow (Monday) for giving us one week’s more time to make preparation for submitting another application in this regard,” TH Khan added.
Former Justice TH Khan, former law minister Moudud Ahmed, former Speaker Jamiruddin Sircar, former Attorney General Mohammad Ali and Mahbubuddin Khokon moved on behalf of Begum Khaleda Zia.
Three Additional Attorneys General Enayetur Rahim, Murad Reza and MK Rahman represented the government.
On May 3 last, after two division benches of the HC felt embarrassed to hear Khaleda Zia’s writ petition, the HC bench comprising Justice Zinat Ara and Justice AKM Abdul Hakim accepted BNP chief Khaleda Zia’s writ petition for hearing. But, the bench also felt embarrassed yesterday.
After the third bench felt embarrassed chief counsel of the petitioner TH Khan told newsmen that the justices have taken oath to dispense justice without fear. Despite this three HC benches felt embarrassed to hear the petition, which is very unfortunate.
It may be mentioned that the Directorate of Military Land and Cantonments served a notice on Khaleda on April 20 to vacate her cantonment house. In a modified notice on May 7, it asked the opposition BNP chief to leave the house within 15 days.
The cabinet on April 8 cancelled the lease of the house on the ground that the leasing process had been faulty and that she violated lease terms.
Khaleda responded to the government’s first notice with a legal notice of her own on April 23.
After the assassination of her husband president Ziaur Rahman on May 30, 1981 during a military uprising, his widow, Khaleda was given another house in Gulshan in addition to the house in the cantonment the family had been living in since the 1970s. The 2.72-acre mansion was originally the official residence of the army chief, the position held by Lt Gen Zia.
Courtesy of The Independent