A Dhaka court yesterday issued arrest warrant for former Prime Minister and Bangladesh Nationalist Party (BNP) Chairperson Khaleda Zia and two others after scrapping their bail in connection with the Zia Orphanage and Zia Charitable Trust graft cases. The two other accused, against whom arrest warrants have been issued, include former BNP lawmaker Kazi Saleemul Haq alias Econo Kamal and businessman Sharfuddin Ahmed. The order, passed by Judge Abu Ahmed Jamadar of the Special Judge’s Court-3, rejected pleas moved by the counsel for the BNP chief twice.
Following the order, there is now no legal bar on the arrest Khaleda Zia. However, there is a scope for her to surrender the trial court to avoid the arrest, Attorney General Mahbubey Alam told The Independent.
On the other hand, Advocate Khandker Mahbub Hossain, counsel for Khaleda Zia, told reporters that his client has been deprived of justice. "Despite filing time petitions, the court issued the arrest warrant, which is very unfortunate," he added.
Soon after the court passed the order, the authorities concerned sent copies of the order relating to the arrest warrant against the BNP chief and two others to the Gulshan Police Station. Officer-in-charge (OC) Rafiqul Islam of the police station also confirmed that they have received copies of the arrest warrants.
The arrest warrants also reached the Cantonment and Ramna police stations.
There have been only seven instances out of 63 working days when Khaleda Zia appeared before the court for hearing.
"After considering all aspects, the bail of the trio is being cancelled," the court said in its order.
The court also asked Advocate Sanaullah Mia, who is representing BNP's Senior Vice-Chairman Tarique Rahman, another accused in the cases, to produce him before it on March 4, the next date for the hearing of the cases. During the day's proceedings, the Khaleda Zia counsel filed two petitions seeking time, saying the BNP Chairperson did not appear before the court because of security reasons on account of the ongoing hartal and blockade programme. Miah also pleaded before the court to adjourn the hearing in view of a no-confidence petition filed by the BNP chief before the High Court.
“There is no legal bar to arrest Khaleda Zia and two others in connection with the two cases. Police can arrest them any time after getting the court order,” Advocate Khurshid Alam Khan, counsel for the Anti-Corruption Commission (ACC), told The Independent yesterday. Khan said that the BNP chief will have to appear before the concerned court immediately, if she wants to avoid arrest in the two cases.
Referring to Khaleda Zia's continued absence from court hearings, Advocate Khan said that the court was right in issuing the arrest warrant after cancelling bail, as the accused skipped court appearance on several occasions. Khaleda Zia has skipped court appearance 56 times by filing time petitions and citing security reasons, which is not acceptable in the eyes of law, he added.
Advocate Miah termed the court order as “politically motivated”. “We did not get justice as the court has passed a politically-motivated order. We have filed a no-confidence petition with the High Court against this court. We have apprehended that this court might fulfil the ill-wishes of the ruling party by passing such an order,” Miah said.
After the order for the arrest warrant, the makeshift court setup in the Bakshibazar Alia Madrasah playground, also recorded the remaining depositions of ACC Deputy Director and Investigation Officer (IO) of the case Harun-ur-Rashid. On January 29 this year, the court had fixed February 25 as the date for hearing of the graft cases filed against the former Prime Minister, along with eight other accused, and had asked the accused to appear before it during trial.
On March 19 last year, the Special Judge's Court-3 had framed charges against the eldest son of Khaleda Zia, Tarique Rahman, and seven others in the Zia Charitable Trust and Zia Orphanage Trust graft cases.
On August 8, 2011, the ACC had filed the Zia Charitable Trust graft case with Tejgaon Police Station accusing four people, including Khaleda Zia, of abusing power in raising funds for the Trust from unknown sources. ACC Deputy Director Harunur Rashid, also the Investigating Officer in the case, submitted the chargesheet against the accused on January 16, 2012. The ACC filed the Zia Orphanage Trust graft case on July 3, 2008, with Ramna Police Station, accusing Khaleda Zia, Tarique Rahman and four others of misappropriating over Tk 2.10 crore, which came as grants from a foreign bank for orphans. The chargesheet in the case was filed in the court on August 5, 2010.
Meanwhile, the BNP-led 20-party alliance yesterday said any attempt to arrest the BNP chief would accelerate the fall of the government. “After failing to resist the ongoing mass movement, the government is trying to imprison Khaleda Zia as part of its last resort to protect its illegal reign,” BNP Joint Secretary General Salahuddin Ahmed said in a statement. In the statement, issued from an unidentified location, he expressed his concern over the government’s move to arrest Khaleda Zia in a bid to establish a one-party state system.
The statement was issued hours after a Dhaka court issued arrest warrants against Khaleda and two others for skipping court hearing in the Zia Orphanage and Zia Charitable Trust graft cases. Through politicisation and interference by enacting the impeachment law, the government turned the judiciary into a hammer to resist the opposition and different views, allged the BNP leader.
