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Cantt House

HC adjourns hearing on Khaleda plea till May 25

Staff Correspondent
The High Court (HC) yesterday adjourned till May 25 the hearing on a writ petition filed by BNP Chairperson Khaleda Zia challenging the legality of government notices concerning her (Khaleda) Dhaka cantonment house.
An HC bench comprised of Justice Syed Refaat Ahmed and Justice Moyeenul Islam Chowdhury directed the government not to force her (Khaleda) to leave the house duringthisperiod(tillMay25).
The court ruled that Khaleda, also leader of the opposition in parliament, may submit a supplementary'
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petition to it if anydiing happens regarding her house before the hearing.
The HC also directed the government not to take any action within this period violating the petitioner's fundamental rights guaranteed under articles 27,31and42ofthe constitution.
It however told the attorney general that the government may take any lawful step after May 22 as regards its second notice on Khaleda asking the former prime minister to explain why she should not be asked to return the house.
Talking to journalists at his office later, Attorney General (AG) Mahbubey Alam said time limit of die show cause notice issued on May 7 will expire on May 22, and then the government can take steps in accordance with law.
Asked about the steps, he said, "Wait till May 22, and see
what the government does". He declined to explain the steps.
Another law officer requesting anonymity told The Daily Star that the government might serve a fresh notice on Khaleda to leave the house following expiry of time limit of the show cause notice.
During the hearing of the writ petition yesterday, the BNP chief s counsel TH Khan said the government had committed 'fraud with the court' by serving the second notice on her with the 'malafide intention' of evicting her from her house. She cannot be evicted long 29 years after she was allotted the house, the counsel added.
Moudud Ahmed, another lawyer for Khaleda, told the court that the government issued the second notice to cover up illegality of its (government) first notice asking her to leave her house.
To counter their arguments, the AG said there was no ques-
tion of committing fraud with the court since the government had served the second notice for amendingthe first one.
Allotment or lease of any property cannot be cancelled without issuing any show cause notice. Following issuance of the show cause notice, the writ petition filed by Khaleda has become premature, he said
The house'illegally occupied‘ by Khaleda was the residence of army chief, and it cannot be allotted to a civilian, the AG maintained.
Mahbubey Alam asked whether the Bangabhaban or the Supreme Court can be allotted to an individual.
A number of lawyers and BNP leaders and workers gathered on the court premises during the hearing.
Meanwhile, three HC judges had earlier felt embarrassed and one judge refused to hear the writ petition.