A High Court bench yesterday accepted BNP chief Khaleda Zia's writ petition challenging legality of the government decision cancelling allotment of her Dhaka Cantonment house and adjourned its hearing after two other benches felt embarrassed to hear the petition.
The HC bench of Justice Zinat Ara and Justice Abdul Hakim adjourned the hearing on assurance by the attorney general that the government would not move in a week to evict Khaleda from that house.
The HC bench fixed May 10 for next hearing.
Attorney General Mahbubey Alam gave the assurance to the HC bench of Justice Zinat Ara and Justice Abdul Hakim when Khaleda's counsels moved a writ petition that sought a stay order on the government's cancellation order.
The attorney general told newspersons at his office Justice Quamrul Islam Siddiqui and Justice M Azizul Haque, members of two separate HC division benches, felt embarrassed to hear the writ.
The attorney general quoted Justice Siddiqui as saying he was embarrassed as he had served as a law ministry official when Khaleda was given the allotment in 1981.
As an official he handled some files regarding the allotment and also made different opinions on the issue.
The top state law officer added Justice Siddiqui felt embarrassed for the interest of fair justice on the petition.
He added Justice M Azizul Haque did not instantly explain any reason for his feeling embarrassed.
The attorney general also said he took time from the HC so that his office can strongly oppose the writ as the government has taken the matter seriously.
Speaking anonymously, some lawyers however said Justice Haque as a senior metropolitan sessions judge in Dhaka had taken into cognisance for trial a number of cases including some against Khaleda and Sheikh Hasina.
As a judge of the HC, he cannot hear the petitions of Khaleda or Hasina, they observed.
Khaleda's lawyer Barrister Moudud Ahmed told the newspersons the HC adjourned the hearing of the petition following submission of the attorney general that the government will not disturb Khaleda in next seven days.
He said they have moved the petition for protecting the rights of Khaleda, as the government is trying to evict her from her residence in "political intention".
As Khaleda's writ was placed for hearing yesterday, the attorney general prayed to the HC bench of Justice Zinat Ara and Justice Abdul Hakim to give him one week's time for taking preparation for moving the petition on behalf of the government.
Khaleda's lawyers told the court the government has issued a notice asking their client to vacate the house within 15 days and the time limit expires tomorrow.
They prayed to the court for hearing the writ yesterday, saying if the HC does not stay the government notice, the government may evict her from her house after May 5.
Before submitting the writ to this HC bench, a number of BNP lawyers including TH Khan, Khandaker Mahbubuddin Ahmed, Barrister Jamiruddin Sircar and Barrister Moudud Ahmed yesterday submitted the petition for hearing before the HC bench of Justice Tariq ul Hakim and Justice M Azizul Haque.
As this bench felt embarrassed, the lawyers approached the bench of Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqui for hearing the matter. This bench also felt embarrassed.
Khaleda filed the writ with the HC yesterday morning to stay the government decision cancelling the allotment of the cantonment residence and to issue a rule upon the government to explain why the government decision should not be declared illegal.
She stated in the petition that the government notice asking her for vacating the cantonment house is "illegal, malafide and without jurisdiction since there are no provisions for cancellation of allotment of the house, no time limit of the allotment and no such condition that she cannot carry out political activities from that house".