DHAKA, April 19: The High Court of Bangladesh on Thursday asked the attorney-general’s office to inform the court on Sunday if former prime minister Khaleda Zia was illegally or improperly confined or detained in her cantonment residence.
A High Court bench also asked the additional attorney-general to ensure that no restriction was imposed on Khaleda’s movement until Sunday, when the hearing of the case would resume.
The court’s queries came on a habeas corpus petition filed by Babul Chowdhury, a member of the Bangladesh Nationalist Party.
The court did not pass any interim order. It adjourned the hearing of the petition till Sunday.
Pleading for the petitioner, his counsel Azizul Haque told the court that Khaleda Zia, the chairperson of the BNP, was illegally and improperly confined or detained in her cantonment residence.
Additional attorney-general Salahuddin Ahmed, appearing for the government, told the court: “As far as I know, Khaleda Zia is neither confined nor detained in her house nor has any restriction been imposed on her free movement.”
“Before passing any order in the case, the court should confirm the fact,” he said, and sought time for spelling out the government’s position on the matter.
After his argument, the court adjourned the hearing till Sunday and asked him to come up with a report on Khaleda’s actual status.
“Convey our anxiety to the government that her (Khaleda’s) movement is not restricted without following any lawful procedure,” the court told Salahuddin.
“This, however, does not mean that she has the right to launch any political programme,” said the court.
The petitioner sought issuance of a rule on the government to explain why it would not be directed to produce Khaleda before the court to demonstrate that she was not illegally or improperly confined or detained in her residence.
Babul’s move was made at a time when the former prime minister was reportedly packing her bags to go abroad along with her family members.
Moving the plea, the petitioner’s counsel described before the court the former prime minister’s position as that of a ‘detenue’, claiming that she was “unlawfully detained and confined to her Dhaka Cantonment residence for an uncertain period”.
The government has also restrained her from going out of, and the entry of others into, her house except four close relations, he said.
The government has also disconnected the telephone lines to her residence and she is “incommunicado to everybody in the country, including her relatives and well-wishers”, the counsel contended.
Although the law enforcers have not issued any formal order of detention against her, it is evident from media reports that she is being “illegally confined or detained in her residence,” he said, referring to reports published by different dailies recently.
He also alleged that the government was putting ‘tremendous pressure’ on Khaleda Zia to leave the country as soon as possible. “The government has even tried to blackmail Khaleda Zia by arresting her youngest son, Arafat Rahman Coco, to force her to agree to leave Bangladesh.”
“The detenue (Khaleda) in her statement to Reuters has stated that she will not leave the country; rather she will face trial if she is guilty of any offence,” said the petition.
Citing media reports, the counsel submitted, as a case in point, that the government has also prohibited the return of Awami League president Sheikh Hasina, now on a private visit to the USA, to Bangladesh.
“This way the government is trying to keep both the leaders outside the country.”
