Thursday, 2 December 2010

Khaleda's contempt petition against government dismissed

BLHouse Report

The Supreme Court on December 1 rejected the contempt of court petition filed by BNP Chairperson Begum Khaleda Zia against the government and the Dhaka cantonment board over the Cantonment residence.

The three-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque rejected the contempt petition as 'not pressed'.

Following submission of advocate Md Aftab Hossain, advocate on record of the petition, the apex court passed the order.

Attorney General Mahbubey Alam told reporters that the petition was on the top of the cause-list for hearing. But, the advocate on record of the petitioner said his client has told him not to press the matter at the court.

Then, the court dismissed the petition as 'not pressed' considering the petition had no merit, Attorney General added.

Now, there was no legal bar to change the structure of the cantonment house following the apex court order.

He said the authorities concerned now could change the character and nature of the house, if necessary, the chief law officer of the state said.

Barrister Rafique-ul Huq told reporters that he was not interested to further undermine the court for its proceedings.

Replying to a query, whether the BNP chairperson would get back the house in future, he said, all things were possible, if the power was changed in future.

Criticizing comment of the Attorney General over the Chief Adviser of the caretaker government, Barrister Rafique posed a question that how the Attorney General knew that the incumbent Chief Justice would be next Chief Adviser?

There was a possibility for Justice Shah Abu Nayeem Mominur Rahman to be Chief Adviser of the caretaker government as he would be the last retired justice before making the caretaker government, the senior lawyer said.

On November 23, Khaleda filed the contempt of court petition against the government and the Cantonment Board on grounds that they had evicted her from the her Cantonment house on November 13 before disposing of an leave-to-appeal pending with the apex court over the mater.

The respondents in the contempt petition are Secretary to the Defense Ministry Khandker Asaduzzaman, Cabinet Secretary Md Abdul Aziz, Home Secretary Abdus Sobhan Sikder, Director of the Military Lands and Cantonments Directorate Mortuza Ahmed, its Deputy Director Shafiqul Ahmed, Military Estate officer SM Emdadul Haque, Chairman of the Cantonment Board Brig Gen Tanvir Hasan Majumder and ISPR Chief Shahinul Islam.

However, the leave-to-appeal of Khaleda Zia was also dismissed of as 'not pressed' by the Appellate Division on November 29.

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