Hearing of the writ petition filed on behalf of Begum
Khaleda Zia, former Prime Minister and BNP chairperson, challenging the
government's notice asking her to vacate the cantonment house has been
deferred for the second time till 2:00 PM today.
The High Court
(HC) bench comprising Justice Syed Rafaat Ahmed and Justice Moyeenul
Islam Chowdhury gave the order after hearing the petition yesterday.
The HC bench earlier on May 25 suspended the hearing till yesterday on an appeal placed by TH Khan, Khaleda Zia's lawyer.
TH
Khan in the appeal sought time before the court for submitting a
supplementary petition against the government's third notice served on
May 24 asking Khaleda Zia to leave the house within June 30.
TH
Khan after the hearing told reporters that he has said during the
hearing, "All rights to handover any documents of the state to anybody
have been given to the president of the country through the fourth
amendment of the constitution and the house was allotted to the Khaleda
Zia in tenure of such a president".
"If anybody feels problems
about transferring of any property then he has to appear before the
court as per the Transfer of Property Act. So the government, as it
felt troubles in this case, should appear before the court through
proper process", he said.Attorney General Mahbubey Alam after the
hearing said, "The allotment of the house to the former Prime Minister
Khaleda Zia was against the cantonment law and also its interest".
The
allotment was illegal as per law. And there is no necessity for the
government to file petition challenging the illegal things, which was
expressed details at the notices served earlier to Khaleda Zia, he said.
After
being embarrassed by three HC benches and declined by the fourth bench
to hear the petition, the fifth bench of Justices Syed Rafaat Ahmed and
Justice Moyeenul Islam Chowdhury accepted it on May 12.
The cabinet cancelled the lease on the house on April 8.
Military
Lands and Cantonments Directorate served a notice on Khaleda Zia asking
her to vacate her cantonment house on April 20.
On May 7, in a modified notice, it also asked her to leave the house within 15 days.
Khaleda, as response of the government's first notice, served a legal notice challenging the government's notice on April 23.
On
May 10, she also responded to the government's supplementary notice in
which Khaleda Zia gave a five-day deadline on the government demanding
its withdrawal or cancellation.
After the assassination of her
husband and former president Ziaur Rahman on May 30 in 1981 during a
military uprising Khaleda Zia, his widow, was given another house in
Gulshan in addition to the house in the cantonment where the family had
been living since 1970.