Writ seeks HC directive

A writ petition was filed with the High Court on Monday seeking its directive on the government to let Bangladesh Nationalist Party chairperson Khaleda Zia go abroad for treatment.

Advocate Eunus Ali Akond filed the writ petition to the office concerned of the High Court.

The writ petition will be presented before the HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman for hearing, said Eunus.

The writ petition sought the court's directive to allow Khaleda Zia to go abroad for treatment as per 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 have been named as respondents in the writ petition.

Lawyer Eunus Ali Akond said, "I have filed the writ to protect the human rights of a sick person considering it as my responsibility. I did not file this writ being provoked by anyone else."

Meanwhile, Barrister Ruhul Quddus Kajal, secretary of the Supreme Court Bar Association, said the BNP and its lawyers have no link with the filing of the writ petition. "Eunus Ali Akond might have filed it from his own interest."

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.