HC rule on Govt: Prove in 5 days Khaleda not interned

With the High Court yesterday asking the government to produce her in the court, the possible departure of former Prime Minister Begum Khaleda Zia from the country for Saudi Arabia is uncertain until her case is settled.

There were strong rumours during the whole day about her departure. However, neither any Adviser of the Caretaker Government made any comment on the issue nor any authoritative source confirmed it.

Civil Aviation officials said they had no advice on Begum Zia's departure and no special flight from Dubai arrived at the airport to carry her abroad. There were four foreign bound airplanes at ZIA from last night to early hours today, they added.

Senior jurist told The New Nation that the former Prime Minister now could not leave the country on her own will following the yesterday's High Court ruling.

A High Court Division Bench of the Supreme Court asked the government to prove within five days that Khaleda Zia was not detained illegally.

An HC Division Bench comprising Justice MA Wahhab Mian and Justice M Emdadul Haque passed the order, as the government side apparently could not satisfy the court with a written statement that she was not interned.

"The rule is returnable within five days," says the court order, which came hot on the heels of reported readiness of the embroiled ex-ruler to go into exile amid a political purge in the country in the interim period.

However, the court did not pay heed to the prayer for the court direction restraining the government from putting "pressure" on Khaleda Zia "to go into exile against her will".

In the morning session, the court refused to take into cognizance a verbal submission by the Additional Attorney General Salahuddin Ahmed that BNP Chairperson Begum Zia was "not detained" at her residence. And the court asked him to come up sharp after 2pm yesterday with a government statement in writing about its actual stance on her status.

"Come up with black-and-white (submission), otherwise the law will take its own course," Justice MA Wahhab Mian told the Additional Attorney General.

And the government side complied. Additional Attorney General Salahuddin Ahmed presented the written statement in the court in the afternoon session, denying confinement of the BNP Chairperson and former Prime Minister.

"It is stated that the Government has not issued any detention order against Khaleda Zia. It is further stated that there is no order of confinement," says the Government statement, following which the court rule came.

On April 19, a habeas-corpus petition was filed before the High Court bench challenging the reported confinement of Khaleda Zia to her house for indefinite period by the government 'without following any lawful procedure'.

The petitioner also sought a directive from the court restraining the government from putting pressure on Khaleda Zia to go into exile against her will.

Khandaker Babul Chowdhury, a member of the BNP National Executive Committee, filed the petition. Advocate M Azizul Haq moved the case while Barrister Rafiqul Islam Mian moved on behalf of the petitioner.