Govt not using legal power due to political consideration: Kaisar Kamal

Kaisar Kamal, one of Khaleda Zia's lawyers, has termed the law minister's explanation on the scope of Khaleda Zia's treatment abroad 'political'.

He said the explanation of the law that has been given is political and the government is not using the legal power due to political consideration.

Kaisar Kamal made these observations at a briefing at his office at the Supreme Court Lawyers' Association building on Wednesday afternoon.

Earlier, law minister Anisul Huq spoke about the legal scope of Khaleda's treatment abroad at a press conference at the secretariat today, Wednesday.

The law minister said, "Legal matters are past and fully closed now. The only option remaining is to seek presidential clemency. If she (Khaleda Zia) acknowledges her crimes and requests pardon from the president, that’s her matter, not mine."

Following the statement of the law minister, BNP law affairs secretary Kaisar Kamal speaks at a briefing.  

He said, "According to the Section 401 (1) of the Code of Criminal Procedure, when any person has been sentenced to punishment for an offence, the government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced."

"According to the Section 401 (6), the government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with. For this reason, we are maintaining that the matter is being explained politically, not legally," Kaisar Kamal added.

Saying that the government has been given the highest power in CrPC 401 (1) and 401 (6), the BNP's law affairs secretary said, "They are not using this power under political consideration. Here is our objection."

When asked whether the presidential clemency will be sought, Kaisar Kamal said, "Khaleda Zia has not been released by the order of the president. Khaleda Zia is still under the executive. Why is it under the executive? Her release is conditional. All the matters including Khaleda Zia's treatment and personal issues are under the government control. She cannot do anything if she wants. As she is under the executive order, the executive will bear all her responsibilities."

Replying to a question, Kaisar Kamal said, "Conditions for treatment were given that she cannot go abroad. This condition can be lifted. We are not willing to address other issues. Another important matter is that she is the former prime minister of the country and wife of the former president. ...If she goes abroad for treatment and comes round, will she stay abroad? During the emergency, another (leader) went abroad, at the time Khaleda Zia did not leave the country. So in the political dictionary of Khaleda Zia, there is no word like compromise, unethical and unjust. She is respectful to the law all the time. Tk 23.3 million of Zia Orphanage Trust is still deposited in the bank. Despite this, she has gone to the court respecting the law. The court has extended her five years in jail to ten years."

Khaleda Zia was imprisoned on 8 February 2018 after being convicted in two cases. The former prime minister was in jail for over two years.

Khaleda Zia, convicted in the Zia Orphanage and Zia Charitable Trust corruption cases, was released on 25 March 2020 by the government postponing her conviction on conditions through an executive order.

Since then the government has been extending her release by postponing her conviction every six months.

The home ministry issued a notification on 12 September postponing her conviction and extending her release by six months more.

Khaleda Zia has been undergoing treatment at the Evercare Hospital in Dhaka. Her family wants to take abroad for better treatment.