Staff Reporter:
The Appellate Division of the Supreme Court (SC) yesterday allowed two leave to appeal petitions filed by BNP Chairperson Begum Khaleda Zia, staying the High Court order that extended her five-year jail term to 10 in Zia Orphanage Trust graft case.
A three-member apex court bench, headed by Justice Md Ashfaqul Islam, passed the order this morning, stating that Khaleda Zia’s sentence would remain stayed until the appeal in the case is decided.
The apex court also asked the defence to submit concise statements on their appeal containing the points on which they will place arguments within two weeks.
“The Appellate Division has stayed the execution of the sentence in the Zia Orphanage Trust graft case. It will hold a hearing on Khaleda Zia’s appeal after completing the necessary process,” Khaleda Zia’s counsel Barrister Kayser Kamal said.
Senior advocates Zainul Abedin and AM Mahbub Uddin Khokon, Barrister Kayser Kamal, Barrister Md Ruhul Quddus Kazal, Advocate Gazi Qamrul Islam Sazal and Jakir Hossain Bhuiyan stood for Khaleda Zia, while Attorney General Md Asaduzzaman and Advocate Asif Hasan argued for the state and the Anti-Corruption Commission (ACC) respectively.
“We have argued that the prosecution could not able to show any documents that Begum Khaleda Zia approved any note, or signed any cheques; they could not show any signature of Begum Khaleda Zia on any government documents. Even the fund, we are talking about, is in the bank intact,” Barrister AM Mahbub Uddin Khokon told newsmen yesterday.
“So how could they convict Begum Khaleda Zia for money embezzlement?” he said.
“This infamous case was filed with a political scheme. The lower court concerned in February 2018, gave the judgment illegally. The High Court after that being politically biased, gave a judgment illegal-ly, enhanced Begum Khaleda Zia’s five-year jail term to 10 years after holding a one-sided hearing,” Barrister Kayser Kamal said earlier.
“Even the ACC counsel after reading out the FIR said a single penny wasn’t embezzled from fund of Taka 2.33 crore. The whole fund is in the bank,” he added.
Meanwhile, Begum Khaleda Zia’s lawyer Barrister Md Ruhul Quddus Kazal said during the hearing, the defence argued that the lower court and the High Court sentenced her based on proofs those do not have any evidential values, adding: “That’s why we pleaded for quashing of the judgments of the lower court and the High Court as well.”
Dhaka Special Judge Court-5 on February 8, 2018, convicted former prime minister and BNP chairper-son Khaleda Zia and sentenced her to five years’ imprisonment in the case.
It also sentenced five others including her son and BNP acting chairman Tarique Rahman to 10 years’ imprisonment each.
The High Court on October 30, 2018, extended the BNP chief’s jail term to 10 years.
