Khaleda’s treatment abroad: HC likely to hear petition today

The High Court is likely to hear the writ petition filed on Monday seeking its directive on the government to let BNP chairperson Khaleda Zia go abroad for treatment.

The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman may hear the petition as it has been kept on the cause-list of the court, said Supreme Court Lawyer Advocate Eunus Ali Akond

On Monday, Advocate Eunus Ali Akond filed a writ petition with the High Court seeking its directive on the government to allow Khaleda Zia to go abroad for treatment.

The writ petition sought the court’s directive to allow Khaleda Zia to go abroad for treatment as per article 11, 32 and 49 of the  Constitution, Code of Criminal Procedures (CrPC) and the International Human Rights Charter declared by the United Nations.

Cabinet Secretary, Secretary to the President’s Office, Chief Secretary to the Prime Minister, Home and Law Secretaries were named as respondents in the writ petition.

Earlier on December 5, Law Minister Anisul Huq said the government is assessing whether there is any legal option to allow BNP chairperson Khaleda Zia to go abroad for medical treatment.

“As there haven many applications, including from lawyers, I think it is appropriate to come to a well-thought-out decision after examining all aspects and whether any scope to do something in any way,” he added.

Khaleda, a 76-year-old former prime minister, has been receiving treatment at Evercare Hospital for various health complications since November 13.

The BNP chief’s medical board members on November 28 said she immediately needs to go abroad for better treatment as she was diagnosed with liver cirrhosis.

On behalf of her family, Khaleda’s younger brother, Shamim Iskander, submitted an application to the Home Ministry on November 11 seeking permission to take her abroad for treatment.

Though the government earlier twice turned down such applications, it is taking time to dispose of the fresh plea of the BNP chief’s family.

On November 28, the Law Minister told parliament that Khaleda is now free as she is not in government custody.

He also said as Khaleda was temporarily released under section 401 of the Criminal Code of Procedure based on some conditions, including not leaving the country, there is no provision in the law to allow her to go abroad now until she submits a fresh petition after returning to jail. 

BNP leaders and pro-BNP lawyers, however, have long been arguing that the government has the unlimited authority to take any decision in this regard under section 401 of the Criminal Code of Procedures.