Eviction notice on cantt residence: Third HC bench admits Khaleda’s writ: Govt won’t disturb till May 10 hearing

A third High Court (HC) bench yesterday admitted the writ petition of former prime minister and BNP Chairperson Begum Khaleda Zia challenging the Government’s notice asking her to vacate the Dhaka Cantonment residence.
The bench comprising Justice Zinnat Ara and Justice Abdul Hakim fixed next Sunday (May 10) for hearing of the petition on Attorney General Mahbubey Alam’s assurance that Begum Zia would not be harassed during the time.
Earlier, two HC benches felt embarrassed to hear the petition.
The bench of Justice Tariqul Hakim and M Azizul Haque first felt embarrassed to hear the petition. But the bench permitted Begum Zia’s lawyers to submit an affidavit prior to filing the writ petition. It asked the lawyers to go to another bench.
Secondly, the bench comprising Justice Syed Mahmud Hossain and Kamrul Islam Siddiqui declined to hear the petition.
After refusal by the second bench to hear the petition, Khaleda’s counsels went to the bench of Justice Zinnat Ara Sultana and Justice Abdul Hakim which has admitted the peition.
The attorney general forthwith prayed for seven days time and assured that during this time the government would not take any action in regard to Khaleda Zia’s Cantonment House.
The Court accepted his prayer and allowed the government seven days time for preparations and onward action.
On April 20 last, the Military Lands and Cantonment Directorate served a notice asking Khaleda Zia to vacate her Dhaka Cantonment house within 15 days, that was allotted to her in 1981 under a decision of the then government, within 15 days.
Tuesday (May 5) is the deadline to leave the house but now Begum Khaleda Zia is not obligated to do so as the writ petition awaits hearing.
The cabinet, on April 8, cancelled lease of the residence for alleged fault of leasing process and violation of lease terms by her.
A legal notice, on behalf of Begum Zia, on April 23 was served on the Government to withdraw its notice asking her to leave the house within fifteen days. But the government hasn’t responded to the notice.
Khaleda Zia’s lawyer Barrister Mahbub Uddin Khokon had warned on the day, “If the government doesn’t withdraw its notice within five days, a legal action will be taken”.
Begum Khaleda Zia was allotted the cantonment house after the assassination of her husband and former president of the People’s Republic of Bangladesh Ziaur Rahman on May 30 in 1981 under a decision of the government.
Senior Advocate TH Khan, assisted by Barrister Moudud Ahmed, Barrister Rafiqul Islam Mian and Mahbubuddin Khokon appeared for Khaleda Zia, also the Leader of the Opposition in Parliament, who has been living in the Dhaka Cantonment house for nearly three decades.

Courtesy of The New Nation