The Appellate Division yesterday fixed November 6 for hearing a leave-to-appeal petition by BNP Chairperson Khaleda Zia in the Zia Orphanage Trust graft case, revising the date previously set by a chamber judge.
The five-member Appellate Division bench led by Chief Justice Mozammel Hossain passed the order based on a petition from the Anti-Corruption Commission that sought to modify the order of a chamber judge, who on October 16, had fixed November 27 for hearing Khaleda’s leave-to-appeal petition.
Yesterday, Advocate Joynul Abedin represented Khaleda at the court, while Advocate Khurshid Alam Khan stood for the ACC.
Earlier, the BNP chief had filed the leave-to-appeal petition against a High Court order that rejected Khaleda’s petition challenging the legality of the appointment of a judge conducting two corruption cases against her.
Meanwhile, a Dhaka court has yet again asked Khaleda to appear before it in the Zia Orphanage and the Zia Charitable Trust graft cases. The court also adjourned the hearing of the cases until November 9. Judge Bashudev Roy of Dhaka Special Court 3 passed the order after Khaleda’s counsel informed that because of security-related grounds, the BNP chairperson could not comply with an earlier order that had asked her to appear before the court yesterday.
The recording of deposition against Khaleda and other accused in the cases was scheduled to be held yesterday, but the defence counsel filed four petitions: two for adjournment of recording deposition and two more for Khaleda as she could not appear before the court.
The court granted the pleas and deferred the trial proceedings, while based on a plea from the defence – it also directed armed police to not stay inside the court. Khaleda’s counsels also argued that the proceedings of the graft cases should be adjourned as two petitions filed by Khaleda – regarding legality of the framing of charges against her in the cases – have been pending with the Appellate Division.
Hearing on those petitions would be held on November 6, the defence counsel, Barrister Mahabub Uddin Khokon, told the court during yesterday’s hearing.
However, the ACC’s acting chief prosecutor Musharraf Hossain Kajal argued that the trial court could record the deposition of the witnesses as no document from the higher court regarding any restriction on the trial was produced by the defence.
The ACC had filed the two cases in 2008 and 2011 against Khaleda, Tarique and seven others on charges of raising funds illegally for two charities and embezzling the amount.