Khaleda Zia’s Permission to Go Abroad: A legal Matter, Not Political
BNP Chairperson Khaleda Zia’s health situation is deteriorating, and currently she is taking her treatment at Evercare Hospital under a medical board. For better treatment, her family and her political party, Bangladesh Nationalist Party (BNP) are demanding to send her to London. For the last two weeks, Khaleda Zia’s health concern and issues related to her going abroad for better treatment has become a national sensation. While many civil society members alongside BNP are demanding to let her go abroad, government clearly mentioned that, it is a legal matter and government has little to do in this regard. Khaleda Zia is a convicted person and is currently enjoying ‘Term suspension’ given by the government under Prime Minister’s executive order. While BNP and others are arguing that, under the same law of PM’s executive order, it is possible for the government to allow her to go abroad, it seems they are overlooking the limit of the law, depending upon a partial narrative of law and is only politicizing the issue.
Khaleda Zia has been facing trial for around 36 cases including Zia Orphanage Trust corruption case, NIKO and GATCO Graft cases and Zia Charitable Trust case. She was convicted and was sentenced to five years jail in Zia Orphanage Trust case. After that, Since February 2018, she was put in jail to serve her sentence. However, during the whole legal process and her serve, Khaleda Zia was given preferential treatment available under the law. She was sent to a special jail within the central jail building. Moreover, special court also allowed her house help Fatema to join her in the jail. During her sentence, Fatema stayed with her in the jail and provided aid to her. In the meantime, she was again sentenced to 7 years jail in Zia Charitable trust graft case.
However, after two years in March 2020, days before COVID-19 breakout in Bangladesh, considering her health issues and treatment, PM Sheikh Hasina exercised her executive power under section 401 of Code of Criminal Proceeding (CrCP) and suspended her jail term to send her home. Since then, she is staying at her home and is getting treatment in one of the best Hospital in Bangladesh, Evercare. And in the meantime, government has extended her jail suspension four times.
Throughout her sentence, BNP demanded for sending her abroad for better treatment, but it was denied as it contradicts with the existing laws. When her health condition further deteriorated recently, they revived the demand and are putting pressure on the government. Currently, her main problems are regarding to her digestive system, and she has also developed Liver Cirrhosis. However, from the legal and judicial perspective, it seems the demand contradicts with the current law and is subjected to legal proceedings. Government and PM Sheikh Hasina have also stated the same.
As a convicted, Khaleda Zia is already enjoying preferential treatments including special jail, having house help in jail and the latest jail suspensions. These preferential treatments are provided within the law and are justified by the laws alongside the goodwill of the government. But there are limit to this preferential treatments. It is not a government decision rather it is the law that bars the authority to provide one which is not justified by the law. For instance, the section 401 of CrPC has no mention of government’s power to send a convicted felon abroad on ground of health concerns. Moreover, Khaleda Zia is facing many ongoing trials at various courts. As a result, it becomes a legal and judicial matter. It is worth mentioning that, Bangladesh’s judiciary is an independent body of the state and political government has no authority over it.
But it seems BNP is politicizing the matter to put pressure on the government and manipulate public perception on the issue. BNP is accusing the same government that provided the executive order, to be ‘cruel’ and ‘inhuman’. They are only pursuing political path to meet the demand. For instance, BNP has submitted application to Home Ministry to allow Zia to go abroad. According to BNP’s narrative, government can permit Zia to go abroad only if it wants. Moreover, they are also depending upon the section 401. Their application to Ministry of Law also suggests the same despite of Minister of Law’s clarification that, there is no mention of such condition or allowance. The government also stated that, there is no provision that allows a convicted felon to leave the country. Furthermore, BNP leaders are also relying on rhetoric to manipulate people’s perception. For instance, senior BNP leader, Gayeshwar Chandra Roy in his remark linked the issue with their movement to ‘fall of the government’.
However, as it is a legal matter and there is no provision available, this is a unique case also. BNP should also initiate legal argument to explore the ambiguous aspects of the laws to obtain a judicial decision that meets their expectation. But till now, there is no visible effort of such action from BNP. BNP hasn’t yet explored the legal and judicial path for their demand. At this point, it seems that, BNP is pursuing an ‘emotional’ decision only.
Zia’s health concern has become a national media sensation. It has also gained international attention, but they are mostly misleading. For instance, Australian senator Janet Rice has also mentioned this issue in her speech in congress, where she described the issue as a political one. Many other news coverage also portrayed the issue as political one. But it is not; rather it is a legal and judicial one. Moreover, according to this analysis, it seems demanding the permit from the government, accusing the government, and pursuing the political path for the demand are merely the exhibitions of ‘emotional’ response. Government has already provided preferential treatment for Zia that are available within its limit. The latest demand of permission to go abroad is a legal matter. Hence, it should be dealt with legal approach rather than dealing in political way. Moreover, it is also killing time, which is putting Zia in more risk. Therefore, ‘emotional’ responses should be avoided and Zia’s family and BNP should go for a rational and logical one, which is the legal and judicial procedure. Above all, ‘better argument should prevail’.
Writer’s Bio: Ozair Islam is a Bangladeshi NGO worker.
