Thursday, 2 December 2010

Khaleda appealed to take out leave appeal: Moudud, It was too late: Attorney general

BLHouse Report

Barrister Moudud Ahmed, lawyer of Begum Khaleda Zia, on December 1 said his client had filed a petition to take out her leave-to-appeal over cantonment house from the cause list while the Attorney General said the petition was filed too much late to place for hearing.

In a written statement at a press briefing in the Supreme Court, Barrister Moudud said the petition was filed apprehending that Khaleda Zia would not get justice from the Appellate Division's three judges as they declared taking-over of power by her husband Ziaur Rahman illegal.

Moudud said, during hearing over the house on November 29 at the Appellate Division, Khaleda Zia's lawyer TH Khan wanted to move contempt petition but the Chief Justice repeatedly urged him to arrange hearing on leave-to-appeal.

At one stage, TH Khan and Barrister Rafique-ul Huq requested the court to take out the leave appeal from the list and "I stood up for placing a petition in this regard, but the Chief Justice told me to sit down and I did so,"

Moudud said his client didn't want to hear the leave-to-appeal before the three judges-- Chief Justice A B M Khairul Haque, Justice Md Muzammel Hossain, Justice Surandra Kumar Sinha-- of the Appellate Division in apprehension of not getting justice to them.

As reason of the apprehension of not getting justice before the three judges, Moudud said Chief Justice A B M Khairul Haque in High Court Division and others two judges in the Appellate Division declared taking-over of power by former president Ziaur Rahman illegal.

He pointed out another reason that a 'conflict of interest' among the judges of the Appellate Division is prevailed.

He said the declination of the Chief Justice of giving a break for half an hour, sought by TH Khan and Rafique-ul Huq to consult with their client, was astonishing.

Moudud termed dismissal of the leave-to-appeal without hearing as unprecedented.

While, Attorney General Mahbubey Alam termed the statements of Moudud absurd and posed a question that why he didn't mention the speeches within the past two days after dismissing of the leave appeal.

Attorney General said the following petition was filed at so late. The petition was included by the Registrar at 10:55 am while in the meantime all submissions of the lawyers of Khaleda Zia were completed at the Appellate Division and the court started to deliver its order before 2-3 minutes of 11 am.

"So, he (Moudud Ahmed) wanted to place the petition before the judges," he added.

Mahbubey Alam commented that Moudud Ahmed himself evicted Khaleda Zia from her cantonment house.

"When he was in Jatiya Party a long ago, Moudud Ahmed had said of evicting Khaleda Zia from her house and now he did so," the chief law officer of the state said.

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