The Supreme Court yesterday adjourned till November 29 the hearing on Khaleda Zia's appeal that challenged the High Court's verdict regarding the government notice to vacate her cantonment home.
A three-member SC bench, headed by Chief Justice ABM Khairul Haque, adjourned the hearing after Khaleda's lawyer TH Khan sought more time.
The court did not stay the HC verdict that upheld the government notice to Khaleda asking her to vacate the house. The HC in that verdict on October 13 said the procedure through which the house was given to Khaleda was illegal. It asked the government to give Khaleda 30 days' time to vacate the house.
Khaleda's 30-day time runs out tomorrow.
Confusions have risen whether Khaleda has to leave the house by tomorrow and whether the government can evict her.
After the SC's order, TH Khan, who prayed for more time as he is ill, told journalists that he did not ask the apex court to stay the HC verdict since Khaleda had already done that in her appeal filed on November 8.
He argued that even though the Supreme Court did not stay the HC verdict, the HC order remains stayed until the appeal is disposed of.
As per the rules, a petitioner gets 60 days' time after the HC delivers a verdict to file an appeal, TH Khan said. The HC gave only 30 days' time to vacate the house, which is a serious matter, he added.
However, a number of legal experts said there is no legal bar for the government to evict BNP chief KhaledaZia from the cantonment house since the SC did not stay the HC verdict. They, however, said the government should not take any action since her appeal is pending with the apex court.
They said it would be wise for the government to wait until the SC passes an order on the appeal.
Attorney General Mahbubey Alam said the SC did not pass any stay order on the HC verdict and it is now up to the government whether it would evict Khaleda from the house after November 12.
The HC verdict cannot be stayed unless the Supreme Court says it is stayed, he argued.
He said he would be able to shed more light on the matter once he has the copy of the SC order.
Eminent jurist M Zahir told The Daily Star that as the SC has fixed a date to continue hearing the appeal, the government should be respectful to the court and wait for its decision.
Not implementing a High Court verdict when there is an appeal against it pending with the SC is a common practice, hesaid.
Prime Minister Sheikh Hasina's Special Assistant Mahbubul Alam Hanif told The Daily Star that it was the Cantonment Board that issued Khaleda the notice and it will decide whether to evict her or
allow herto stay.
"The government has no stance on evicting her from the cantonment house, but as a party we want her [Khaleda] to vacate the house by accepting the High Court verdict," he said.
"Leave the house that you [Khaleda] have occupied illegally... Go to the Gulshan residence and get in touch with people," said Hanif, also a joint general secretary of the ruling Awami League.
During yesterday's hearing, TH Khan told the Appellate Division of the SC that he was ill and unfit to move for the appeal. He said Khaleda's lawyer barrister Rafique-ul Huq was in Singapore for his wife's treatment.
Journalists and some lawyers, who were not in their gowns, were barred from entering the courtroom yesterday.
In protest, the newsmen under the banner of Law Reporters Forum observed a 30-minute strike at the passage linking the SC building and Supreme Court Bar Association building at 9:10am.
Asked whether there was any rule barring journalists from entering the SC courtrooms, Chief Justice ABM Khairul Haque told The Daily Star that there is no such bar.
He also said he has instructed the SC registrar to take necessary measures so that newsmen face no trouble coming to court.
The cantonment house in question was given to Khaleda after her husband president Ziaur Rahman died in 1981. The house was government property before. She, however, had been living there since 1972 as the army issued the house to her husband as his official residence.