Khaleda Zia’s leave to appeal granted, 10-year sentence suspended

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The Appellate Division has granted two separate leave-to-appeals filed by BNP Chairperson Begum Khaleda Zia against the High Court’s 10-year sentence in the Zia Orphanage Trust case. At the same time, the court suspended the 10-year sentence given by the High Court.

A three-judge Appellate Division led by Justice Md. Ashfaqul Islam gave this order on Monday. Earlier, the Appellate Division of the Supreme Court fixed the order on Monday after hearing the matter on Sunday.

Senior lawyer Zainul Abedin and barrister Qaiser Kamal heard on behalf of Khaleda Zia in the court. They were accompanied by lawyers Mahbub Uddin Khokon, Ruhul Quddus Kajal, Aminul Islam, Zakir Hossain Bhuiyan, Md. Maksud Ullah and others.

Attorney General Md. Asaduzzaman represented the state.

In the hearing, Zainul Abedin said, ‘Here the sentence has been changed from five years to 10 years in the High Court. I want to show you how.’

Then Khalda Zia’s other lawyer, Barrister Kaiser Kamal, read out part of the High Court judgment in the court. Later ACC lawyer Asif Hasan read the charge sheet of the case and said, ‘There is no embezzlement of money here. Interest – in fact all money is deposited in the bank. There was no embezzlement. The FIR did not show any misappropriation of money. Funds have been moved. Money is deposited in the account. There is nothing to absorb.’

Attorney General Md. Asaduzzaman presented Khaleda Zia’s defense statement and said, ‘This statement of Khaleda Zia will be a historical document in the history of Bangladesh. Khaleda Zia’s testimony of poet Kazi Nazrul Islam’s Rajbandi is reflected in this statement.

After the hearing, lawyer Zainul Abedin said, ‘This case could not be proved by witnesses that even a single rupee was embezzled. We will deal with this case legally. This verdict was given to keep Khaleda Zia away from politics. The court heard us. Will order tomorrow after seeing which ground I want leave.’

“This is unprecedented in the history of the subcontinent,” said Barrister Kaiser Kamal, asking us to dispose of the appeal within four months against the lower court verdict. Begum Khaleda Zia was unfortunately sentenced to 10 years in a one-sided hearing as part of a political scheme. Khaleda Zia has been wronged by the state. The lower court unjustly sentenced him to five years, the High Court gave him a one-sided hearing and sentenced him to 10 years. We hope Khaleda Zia will get justice and be acquitted of the sentence in this case.’

Earlier, on November 3, the Chamber court fixed November 10 for the hearing of leave to appeal against Khaleda Zia’s 10-year sentence in the Zia Orphanage Trust corruption case.

Dhaka Special Judge Court-5 established at Bakshibazar Prisons Parade Ground on February 8, 2018. Md Akhtaruzzaman sentenced Khaleda Zia to five years imprisonment in Orphanage Trust case.

At the same time Khaleda’s son and acting chairperson of BNP Tarek Rahman, former MP of Magura Kazi Salimul Haque Kamal, businessman Sharfuddin Ahmed, Dr. The court sentenced Kamal Uddin Siddiqui and Mominur Rahman to 10 years imprisonment.

Later, Khaleda Zia appealed to the relevant branch of the High Court on February 20 of that year. On March 28 of the same year, the High Court ruled on Khaleda’s plea to increase the sentence.

On October 30, 2018, the High Court bench of Justice M. Inayetur Rahim and Justice Md. Mostafizur Rahman announced the ruling issued on the application of the ACC to increase the sentence as appropriate and increased Khaleda Zia’s sentence from five years to 10 years.

Besides, the court rejected the appeal of Khaleda Zia seeking acquittal from five-year sentence and Magura’s former Member of Parliament (MP) Kazi Salimul Haque Kamal alias Kazi Kamal and businessman Sharfuddin Ahmed seeking acquittal from 10-year sentence.

On October 29, 2018, the day before the High Court’s verdict, Judge Md. Akhtaruzzaman of Dhaka’s Special Judge Court-5, established in room number 7 of the old central jail’s administrative building, gave a verdict. The verdict sentenced Khaleda Zia to seven years in prison in the Zia Charitable Trust case. At the same time, he was fined Tk 10 lakh, in default of payment he was sentenced to another six months imprisonment. The same sentence was given to the other three accused in the case.

Later on November 18 of the same year, Khaleda Zia appealed to the High Court against that verdict. On November 4, an initiative was taken to hear the appeal against the seven-year sentence in the Zia Charitable Trust case in the High Court Division. As part of that, the paper book (case record) is requested to be prepared at own cost. The High Court allowed the petition. Now the appeal will be heard when the paper book is produced.

On the other hand, after the fall of the Awami League government on August 5, the President waived the penalty in the Zia Charitable Trust and Zia Orphanage Trust cases on the advice of all political parties and released Khaleda Zia.

In this regard, Khaleda Zia’s lawyers said, ‘BNP chairperson’s sentence has been waived. Still why the appeal hearing? We said, she (Khaleda Zia) respects the law. He did not commit a crime. So he instructed the lawyers to deal with it legally.’

Source: dailynayadiganta

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