The Appellate Division of the Supreme Court is scheduled for today (Monday) for the ruling on whether BNP Chairperson Khaleda Zia can appeal for a reversal of her jail sentence in the Zia Orphanage Trust corruption case.
A three-member bench led by Appellate Division Justice Md Ashfaqul Islam on Sunday set the date after hearing two leave-to-appeal petitions, where Khaleda Zia challenged a High Court ruling that increased her jail sentence in the case.
During the hearing, Khaleda Zia was represented by lawyers Advocate Zainul Abedin, Barrister AM Mahbub Uddin, Barrister Ruhul Quddus Kazal, Barrister Kaiser Kamal Advocate Gazi Qamrul Islam Sazal and Jakir Hossain Bhuiyan, while Attorney General Md Asaduzzaman appeared for the state and Advocate Asif Hasan argued the Anti-Corruption Commission (ACC).
“We have argued that the prosecution could not able to show any documents, suggesting 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,” said Barrister AM Mahbub Uddin Khokon.
Talking to journalists, he said that there are no legal documents with Begum Khaleda Zia’s signature, the fund is intact in the bank, so how can they convict Begum Khaleda Zia for money embezzlement?.
“This infamous case was filed with a political scheme. The lower court concerned in 2018 gave the judgment illegally. The High Court after that being politically biased, gave a judgment illegally, enhanced Khaleda Zia’s five-year jail term to 10 years after holding a one-sided hearing,” said Barrister Kaiser Kamal said.
“Even the ACC counsel after reading out the FIR said a single penny wasn’t embezzled from this case, that fund of Tk 2.33 crore. The whole fund is in the bank,” he added.
Meanwhile, Barrister Ruhul Quddus Kazal said during the hearing, that 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 is why we pleaded for quashing of the judgments of the lower court and the High Court as well.’
Filed on March 14 in 2019 through her lawyer, Khaleda Zia’s petitions seek to overturn the High Court’s order that extended her prison term from five to 10 years. The former prime minister has requested the top court to nullify this extended sentence.
Khaleda Zia was initially imprisoned on February 8 in 2018 in the Zia Orphanage Trust case.
Later, in response to an appeal by the Anti-Corruption Commission (ACC), the High Court on October 30 of the same year increased her sentence to 10 years.
The Zia Orphanage graft case was filed by the ACC in July 2008, accusing Khaleda Zia of misappropriating over Tk 2.10 crore that was received as grants for orphans via a foreign bank.
In August 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station, accusing four people, including Khaleda Zia, of raising funds for the trust from unknown sources and abusing power.
The 78-year-old former prime minister has long been suffering from various ailments, including liver cirrhosis, arthritis, diabetes, kidney, lung, heart, eye problems, and post-Covid complications.
Amid the Covid-19 outbreak, the government temporarily freed Khaleda Zia from jail through an executive order by suspending her sentence on 25 March 2020, with the condition that she would stay at her Gulshan house and not leave the country.
Since then, her release term has been extended every six months following the family’s plea.
On November 3 this year, the High Court allowed Khaleda Zia to begin preparations for paper books in her separate appeal against a lower court’s ruling that sentenced her to seven years in prison in the Zia Charitable Trust corruption case.
