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Birthday Case

Khaleda's no confidence in another HC bench

Staff Correspondent
BNP Chairperson Khaleda Zia has expressed "no confidence" in another High Court bench decision on the case regarding celebrating her birthday on August 15.
The court will hear a rule issued over 13 years ago regarding celebrating Khaleda's birthday on the death anniversary of Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
The bench of AHM Shamsuddin Choudhury Manik, on June 12, fixed today for hearing the rule.
Apprehending that the decision may not go in favour of her, Khaleda yesterday filed an application to the HC bench led by Shamsuddin, who had passed comments about her earlier, regarding two cases which did not concern her.
In her application, she mentioned that Justice Shamsuddin had made some remarks about her during hearing of a case against Island Oikya Jote leader Fazlul Haq Amini and the case on the murder of journalists Sagar and Runi.
She also requested the bench to drop the case from its hearing list for “fair disposal of the matter”.
In 1999, the HC issued a rule questioning the legality of a lower court order that had rejected Khaleda's petition seeking dismissal of a case, which was lodged against celebrating her birthday on National Mourning Day.
Deputy Attorney General Md Sohrawardy, had filed the case in August 20,1997, seeking an injunction which would prohibit her from celebrating
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In the case statement, he said that his right to observe the National Mourning Day was curtailed, as Khaleda was celebrating her "false birthday" on August 15 through various cultural programmes.
Fifth Additional Assistant Judge, Dhaka, Shafiqur Rahman, on September 16, 1999, rejected Khaleda Zia's petition seeking dismissal of the case statement.
Following a petition filed by her, the HC stayed the proceedings of the case on September 26,1999, issuinga rule asking Sohrawardy to explain why the lower court's rejection order should not be declared illegal.
Later, on November 14, 2009, the opposition leader had filed an application with the HC bench led by Justice Mohammed Mumtaz Uddin Ahmed, who is currently retired, to drop the case from its hearing list.
The bench rejected the application on January 4, 2010 and sent the case to the chief justice for a decision.
Moudud Ahmed and Ruhul Quddus Kazal appeared for Khaleda Zia.