Home
+
A four-member bench of the Appellate Division led by Justice Md Ashfaqul Islam issues the order
Published : 23 Feb 2025, 04:01 PM
The High Court's ruling that acquitted BNP Chairperson Khaleda Zia in the Zia Charitable Trust corruption case will be reviewed on Mar 2 following an appeal filed by the Anti-Corruption Commission, or ACC.
A four-member bench of the Appellate Division led by Justice Md Ashfaqul Islam issued the order on Sunday.
Advocate Asif Hossain represented the ACC, while Additional Attorney General Aneek R Haque appeared on behalf of the state. Khaleda's defence was represented by lawyers Ruhul Quddus Kazal, Maksud Ullah and Kayser Kamal.
"The ACC filed a separate petition. Their lawyer requested the court to hear it along with the main case, and the court has agreed, scheduling the hearing for Mar 2," said Maksud.
In October 2018, a trial court sentenced Khaleda to seven years in prison and imposed a fine of Tk 1 million in the graft case.
After the fall of the Awami League regime on Aug 5 last year, the High Court upheld Khaleda's appeal and acquitted her on Nov 27. The state and the ACC then filed appeals in the Appellate Division.
On Feb 8, 2018, former prime minister Khaleda was sentenced to prison for five years in the Zia Orphanage Trust graft case and sent to jail. The appeal in the case was then heard by the High Court, which extended the jail sentence to 10 years.
On Oct 29, 2018, Khaleda was sentenced to prison for seven years in the Zia Charitable Trust graft case. On Apr 30 the following year, the High Court accepted a petition to appeal the case, but no hearings were held afterwards.
The BNP chief was released from jail by executive order in 2020 amid the COVID-19 pandemic. The order was extended every six months by the government, but prevented her from travelling abroad.
After the fall of the Awami League government in the face of student-led mass protests, President Md Shahabuddin remitted her sentences on Aug 6 under Article 49 of the Constitution.
A Bangabhaban statement noted that the decision followed discussions between the president and various political leaders, civil society members, and leaders of the Anti-discrimination Student Movement.
Article 49 grants the president the authority to “grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority”.
However, under the law, while the president’s clemency can remit a sentence, it does not nullify the conviction. A person convicted by a court remains ineligible to run for elections for five years after their release.
Following the presidential pardon, Khaleda's lawyers filed an appeal in the High Court in early November, seeking her acquittal in the Zia Charitable Trust corruption case.
Explaining the reason for pursuing the appeal, Kayser said, “Khaleda Zia wishes to clear her name in court. That is why we have filed for an expedited hearing in the Charitable Trust case.”
Similarly, in the Zia Orphanage Trust case, the Appellate Division granted permission for an appeal against Khaleda's 10-year sentence and suspended the sentence until the appeal is heard.
