The Appellate Division on Monday stayed the High Court verdict that had sentenced BNP chairperson Khaldeda Zia to 10-year jail in the Zia Orphanage Trust case.
A three-member Appellate Division bench led by Senior Justice Md Ashfaqul Islam passed the order after hearing Khaleda’s leave to appeal petition against the High Court verdict.
The court also allowed Khaleda to move a leave-to appeal before the court challenging the HC verdict.
Senior lawyers Joynul Abedin and Barrister Kaisar Kamal stood for Khaleda Zia while Attorney General Md Asaduzzaman represented the state and lawyer Asif Hasan stood for the Anti-Corruption Commission.
Lawyer Joynul Abedin said the court granted the leave to appeal petition and suspended the sentence. “Now after filing the appeal, the appeal will be heard. Until then, the sentence will remain suspended.
Earlier on November 4, the court set November 10 for hearing on her leave to appeal pleas. After hearing, the court fixed November 11 for passing an order.
Khaleda, also a former prime minister, filed the leave to appeal petitions with the Appellate Division on March 14, 2019 through his lawyer challenging the HC verdict.
Khaleda Zia was initially imprisoned on 8 February 2018, when a special court in Dhaka sentenced her to five years in prison for her involvement in the Zia Orphanage Trust graft incident.
Later, in response to an appeal by the Anti-Corruption Commission (ACC), the High Court on October 30 of the same year, raised her jail term to 10 years.
The graft case
The Zia Orphanage Trust graft case was filed by the Anti-Corruption Commission in July 2008, accusing Khaleda of misappropriating over Tk2.10 crore that was received as grants for orphans via a foreign bank.
In August 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station, accusing four people, including Khaleda, of raising funds for the trust from unknown sources and abusing power.
Amid the coronavirus outbreak, the government temporarily freed Khaleda Zia from jail through an executive order by suspending her sentence on 25 March 2020, with the condition that she would stay at her Gulshan house and not leave the country.
Since then, her release term was extended every six months following the family’s pleas.
On August 6 this year, Khaleda Zia was completely freed by an order of President Mohammed Shahabuddin.
The president passed the order under Article 49 of the Bangladesh Constitution, according to a gazette issued by the home ministry on August 6.
End/UNB/Corr/SU/FH/1131 Hrs
