BNP Chairperson Khaleda Zia yesterday filed two petitions with the Appellate Division of Supreme Court, bringing a contempt of court charge against the government over her recent "eviction" from her prior residence in Dhaka Cantonment, and seeking permission to return to the disputed house.
She also sought a status quo on the house so the government could not change or alter the nature and character of the premises till hearing of her leave to appeal petition pending with the same court.
After a brief hearing, Chamber Judge of the Appellate Division Justice SK Sinha yesterday sent the petitions to the full bench for hearings on November 29.
With the latest two, the BNP chief now has four petitions with the Appellate Division in connection with the disputed Shaheed Mainul Road residence, all of which will be heard by the full bench on November 29, as the previously filed two petitions had already been scheduled to be heard on that day.
One of the prior two petitions is for a leave to appeal against a High Court Division verdict which on October 13 upheld the government notice asking her to vacate the cantonment house. The same verdict also allowed Khaleda 30 days to vacate the house.
The other prior petition seeks a stay order on that HC verdict.
Yesterday's contempt of court petition was filed by Khaleda's lawyers against government officials concerned and the Cantonment Board, on grounds that they had "evicted" her from the disputed house on November 13 despite the fact that an appeal from her was pending with the apex court.
Respondents to the contempt of court petition are -- Defence Secretary Khondoker Asaduzzaman; Cabinet Secretary Md Abdul Aziz; Home Secretary Abdus Sobhan Sikder; Director of the Directorate of Military Land and Dhaka Cantonment Mortuza Ahmed, and its Deputy Director Md Shafiqul Ahmed; Military Estates Officer SM Imdadul Haque; Chairman of Dhaka Cantonment Board Brig Gen Tanvir Hasan; and Director of Inter Services Public Relations (ISPR) Shahinul Islam.
The petition stated that the respondents' action to evict Khaleda from the residence disregarded the image, prestige, dignity, and standing of the apex court, which is tantamount to contempt of court, for which they are liable to be punished under law.
It also said their action to "forcibly oust" the petitioner from "her residence" without waiting at least till the hearing date of November 29, was to frustrate and nullify the jurisdiction of the apex court.
The other petition submitted yesterday sought from the court a mandatory injunction on the property which would allow Khaleda to return there. The same petition also sought a status quo on the property so the government authorities could not change or alter the nature and character of the premises of the residence till hearing of the leave to appeal petition.
The respondents to this petition are the defence secretary, cabinet secretary, director of the military land and cantonment directorate, military land administrator of the central circle of Dhaka Cantonment, and the military estates officer of the same.
One of Khaleda's lawyers in the case, Barrister Moudud Ahmed, told reporters that there is an Appellate Division decision barring the government from interfering with any matter of a case which is pending with a court.
Meanwhile, Acting Attorney General MK Rahman told The Daily Star that "relevant authorities" took into possession the disputed cantonment residence after the expiry of the 30-day period given by the HC to Khaleda to vacate the house.