Khaleda’s treatment abroad: Law minister explains reasons of declining application

Law minister Anisul Huq has explained reasons for declining the application submitted to the government seeking better treatment abroad of opposition Bangladesh Nationalist Party chairperson Khaleda Zia releasing her permanently.

He highlighted the legal points to the newspersons at the secretariat on Sunday .

Anisul said the first application, which was settled in March in 2020, said an arrangement to be made to release Khaleda Zia from the jail for her better treatment as she is very sick. Then postponing her jail terms for six months she was released on two conditions. The order was made as per sub section 1 of section 401 of the  Code of Criminal Procedure (CrPC). The conditions are, first, she would take treatment staying at home; second, she would not be able to go abroad. Complying with the conditions, Khaleda Zia returned home. But whether the release order would be extended by six more months every time was an open matter. Since then the release order has been renewed eight more times.

Khaleda Zia was imprisoned on 8 February 2018 after being convicted in two cases. She was in jail for over two years.

The government released her on 25 March 2020 postponing her conviction on conditions through an executive order when Covid-19 broke out in the country. Since then the release order has been extended several times.

For the last few days the BNP leaders have been demanding her better treatment abroad saying that her health condition has deteriorated severely. Khaleda Zia’s younger brother Shamim Iskandar filed an application to the home ministry seeking permission to send the BNP chairperson abroad for better treatment giving permanent release.
But the law minister said there is no scope to give her the permission as per law though BNP’s law affairs secretary Kaiser Kamal said had the government wanted Khaleda Zia could have taken treatment abroad at an executive order.

Explaining why the law debars that, law minister Anisul Huq said, “As per the section 401 of the CrPC, if any application is settled for once, there is no scope to reconsider it. We sent our explanations of sub-sections 1, 2, 3, 4, 5 and the last sub-section 6 of section 401 of the CrPC to the home ministry. That opinion is, the application that has been settled under section 401 is done and dusted. There is no scope to revisit the matter.”

A journalist asked the law minister what process Khaleda Zia’s family has to follow if they want to send her abroad for treatment. In answer, Anisul Huq said what he has been reiterating that they would reconsider the matter if there is any scope to do that, revoking the order that enunciated her release on two conditions under section 401 of the CrPC.

When newspersons asked the law minister about the prime minister’s statement on the issue, he said there is a decision in the sub-continent that when the government applies section 401 it cannot be challenged at court.

What the prime minister said is, if the current order is revoked and she (Khaleda Zia) is sent back to jail again, she can go to the court. There is no such (going abroad as per another executive order) scope since she can go to the court.

Asked whether the current order would be cancelled, the law minister said, “Cancelling would be inhumane, we won’t cancel it.”