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SC posts hearing on Khaleda notice for Feb 13 PDF Print E-mail
Tuesday, 15 January 2008

Staff Correspondent

The Appellate Division on Sunday posted for February 13 the hearing in the Anti-Corruption Commission's prayer seeking a stay on the execution of the High Court order that stayed a commission notice served on the detained former prime minister Khaleda Zia to submit her wealth statements.

The chamber judge of the Appellate Division of the Supreme Court, Justice M Hasan Ameen, fixed the date for a full-court hearing, refusing to pass an instant order halting the High Court ruling.

The High Court on November 25 stayed the commission notification and issued a rule on the commission and the home secretary to explain in eight weeks why the notice on Khaleda would not be declared illegal.

The High Court bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Zubayer Rahman Chowdhury passed the order after hearing a writ petition filed by Khaleda, also the BNP chairperson.

Moving the writ petition, Khaleda's counsel Rafique-ul Huq told the court the commission had issued the notice on Khaleda on July 17 in violation of law.

The commission, after preliminary inquiries, needs to be certain that the person concerned possesses wealth beyond his or her known sources of income before asking the person to submit wealth statements, the counsel said, referring to the Anti-Corruption Commission Act 2004 and the Anti-Corruption Commission Rules 2007.

'But no such inquiry had been conducted before notifying Khaleda Zia,' he said.

Khaleda, who submitted her wealth statement to the commission on August 6, 2007, challenged the notice on November 22, a day after the same bench had declared illegal and void, on the same ground, the commission's notice issued on detained former prime minister Sheikh Hasina.

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