The New Nation - Internet Edition

Shahidul Islam

The process of sending detained former Prime Minister Sheikh Hasina to the USA for better treatment is likely to begin soon, informed sources told this Correspondent yesterday.

Both Sheikh Hasina, who is the President of the Awami League (AL), and other top leaders of her party have agreed on a deal, to send her abroad, presumably brokered by diplomats of some influential friendly countries and a western politician, who visited the country recently.

The modalities of the deal, which would be finalized on or before February 24, however, could not be immediately known. The AL Presidium would meet on February 22, while the AL Central Committee on February 24.

Before sending her abroad, Sheikh Hasina might be hospitalised at the BSMMU or any other hospital for a few days if her health condition deteriorates further, the sources added..

Senior members of the AL Presidium, after green signal from Sheikh Hasina reached them, at an informal meeting with its Acting President Zillur Rahman in the chair at his Gulshan residence yesterday demanded of the Government to send her USA immediately, as her ear complication could not treated in Bangladesh.

The meeting, which also reviewed the latest political situation of the country, also decided to take part in the second round dialogue with the Election Commission (EC), Presidium member Tofail Ahmed said.

Talking to journalists after the meeting, Zillur Rahman said his party would bear all the cost for her passage and treatment if the Government agrees to allow Sheikh Hasina to go to the USA for treatment.

Meanwhile, her personal physician Prof Dr ABM Abdullah after examining her health condition in the Special Jail on the premises of Parliament building complex for the second consecutive day yesterday said he has advised for arranging Sheikh Hasina's treatment in the USA for some of her ailments could not be cured in Bangladesh.

"A new complication, allergy has developed in her (Sheikh Hasina) whole body, while her weaknesses and nausea have reduced. Allergic rash along with inflammation was seen on her body," he said, adding that her ear complication could not be addressed in the country.

"Her left ear became totally deaf after the (August 21) grenade attack. She had to use a hearing-aid, which is also totally out of order and could not be repaired," said Dr ABM Abdullah, also Prof of the Bangbandhu Sheikh Mujib Medical University (BSMMU).

"On the other hand, her right ear is partly damaged, for which she (Sheikh Hasina) uses a high precision hearing-aid, which is only available in the USA," he said in presence of Deputy Inspector General (DIG-Prisons) Major Shamsul Haider Siddiqui.

Major Shamsul Haider Siddiqui said they have requested Sheikh Hasina to choose a hospital in the country as Jail Code does not allow treatment of any detinue abroad. "We have requested her to choose any hospital in the capital, including BSMMU or LabAid, where the jail authorities bear all cost," he added.

When asked, AL Acting President Zillur Rahman rejected the contention made by the DIG (Prisions) saying, "There is precedence of allowing medical treatment to a detinue."

"We were in jail along with JSD leader ASM Abdur Rob, who was sent to Germany for treatment when he was imprisoned. So, there is no legal bar to send her abroad from the prison. The Government can send her USA any moment if so want to save her life," said Zillur Rahman, who is also a veteran lawyer.

Renowned jurist and President of the Supreme Court Bar Association (SCBA) Barrister Amir-ul-Islam said the former Prime Minister could be sent abroad for treatment applying the method used in 1969 to take her illustrious father Bangabandhu Sheikh Mujibur Rahman to the Roundtable Conference in Lahore in Pakistan during the historic Agartala Conspiracy Case.

"Like Sheikh Hasina's case the Agartala Conspiracy Case against Bangabandhu was a non-bail able trial, where law denies the accused rights to bail. But the High Court has the right to free her on bail," he said, adding, "The High Court can grant bail on health or important political ground."

"Although the emergency power rules (EPR) denies right to bail to the accused or detinue, it did not take away the prosecution's right apply for bail," said Barrister Amir, who closely witnessed the release of Bangabandhu as one of his lawyers in the Agartala Conspiracy Case.

"The Pakistan government or more precisely the then President Ayub decided to release Bangabandhu on bail when all political parties of Pakistan said the Roundtable Conference will be meaningless if Sheikh Mujibur Rahman does not join it," he said.

"The Pakistan government offered Bangabandhu bail," the SCBA President continued recalling, "One fine morning, I was asked over telephone by the Tribunal, which was trying the Agartala Case, to attend the Court, which sat on an unscheduled date."

"Entering in the Court if found, prosecution lawyer Advocate (now Justice) TH Khan, has moved a bail petition to free Bangabandhu Sheikh Mujibur Rahman to take him to the Roundtable Conference," Barrister Amir said, adding, " I took the bail order from the Court to Bangabandhu where he was detained as per request of the Court."