A third bench of the High Court on Sunday felt embarrassed to hear the writ petition filed by former prime minister Khaleda Zia challenging the legality of the government notice asking her to vacate her Dhaka Cantonment residence.

The bench of justices Zinat Ara and AKM Abdul Hakim Sunday forwarded the writ to the chief justice for necessary orders.

The court in its order said, "Since one of the two judges of the bench has felt embarrassed to hear the writ, the case has been sent to the chief justice for necessary disposal."

Khaleda's counsel TH Khan earlier submitted a prayer in the court to postpone the writ hearing until Sunday next and said, "Another vacation notice in connection with Khaleda Zia's cantonment house has in the meantime been served."

"Therefore, we need time to examine the issue at length."

Former law minister Moudud Ahmed and Mahbubuddin Khokon, both Supreme Court lawyers and MPs, and other pro-BNP legal practitioners were present in the court.

The government side was represented by additional attorney general Enayetur Rahim, Murad Reza and MK Rahman.

On May 3, after moments of high drama, the bench had admitted the petition and adjourned the hearing until Sunday on the attorney general's assurance that the government would not move in a week to evict the former prime minister

Earlier two other benches declined to hear the appeal. The bench of justices Syed Mahmud Hossain and Quamrul Islam Siddiqui had felt embarrassed to hear the petition that sought a stay on the government order.

Another bench, made of justices Tariqul Hakim and M Azizul Haque that had permitted the lawyers for the opposition leader to submit an affidavit prior to filing the writ appeal felt, also felt embarrassed.

Military lands and cantonments directorate served Khaleda the notice on April 20 asking her to vacate her cantonment house. In a modified notice on May 7, it asked the opposition BNP chief to leave the house within 15 days.

The cabinet on April 8 cancelled the lease on the house on grounds that the leasing process had been faulty and she violated lease terms.

Khaleda responded to the government's first notice with a legal notice of her own on Apr 23.

After murder of her husband, army chief-turned-president Ziaur Rahman on May 30, 1981 during a military uprising, his widow, Khaleda, was given another house in Gulshan in addition to the house in the cantonment the family had been living since the 1970s.

The 2.72-acre mansion was originally the official home of the army chief, a position held by then Lt Gen Zia who then converted himself into a civilian head of state through martial law proclamations and controversial votes.

Before the cabinet took the decision of cancelling Khaleda house lease, prime minister Sheikh Hasina said in parliament that she would ask the slain general's wife to vacate the house and that blocks of apartments would be built in the prime land for families of army officers killed in the Feb mutiny.


Source: bdnews24