SC Rejects Khaleda's Leave To Appeal
Monday, 29 November 2010

The Appellate Division has rejected the leave to appeal petition filed by opposition leader Khaleda Zia to challenge an High Court rule that declared illegal the lease of the Dhaka cantonment residence on Shaheed Mainul Road and asked her to vacate the premises.

A regular bench of the Appellate Division headed by chief justice ABM Khairul Haque scrapped the petition around 11am on Monday.

The court order stated that the counsels of the petitioner, Khaleda Zia, took 90 minutes at court and still did not start the hearing on the leave to appeal petition despite repeated urges by the court.

So, the leave to appeal and the petition for an injunction on removal of structures and furniture from the premises and asking for the residence to be returned to her possession in the same condition as it was is being rejected for not being presented to court.

However, the hearing of Khaleda's contempt of court petition will be held later on, the order said.

Attorney general Mahbubey Alam argued for the state while Supreme Court lawyers Khandaker Mahbub Hossain and Moudud Ahmed represented Khaleda.

Special security measures have been taken at the court premises for the hearing with additional police deployed and Rapid Action Battalion personnel posted guard at the main entrance of the court building.

The Appellate Division on November 10 adjourned the first appeal until November 29. Earlier on October 13, the High Court had quashed a writ petition by Khaleda challenging a government notice that asked her to leave the cantonment house. Moreover, it also asked the BNP chairperson to vacate her house within a month.

The Cantonment Board on November 13 evacuated the house. Although former prime minister Khaleda Zia alleged that she had been forced out, the military public relations department said she had left willingly.

The Directorate of Military Lands and Cantonments had served a notice on April 20 last year asking the BNP chief to vacate her cantonment residence.

Khaleda filed the petition with the High Court challenging the legality of the government notice asking her to leave the house within 15 days.

The government maintained its stand with two separate notices on May 7 and May 24.

After president Ziaur Rahman's assassination on May 30, 1981, the then interim president Abdus Sattar had leased the house to the family. The present cabinet, led by prime minister and Awami League president Sheikh Hasina, on April 8 last year decided to cancel the lease.


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