The High Court has deferred the hearing of a petition seeking the withdrawal of the May 12 law ministry notification on shifting the trials against BNP chief Khaleda Zia in a makeshift courtroom at the premises of the Dhaka Central Jail in Keraniganj.
The bench of Justice Farah Mahbub and Justice Md Khairul Alam on Monday (Jun 10) has fixed the hearing on Tuesday (Jun 11).
Lawyer AJ Mohammad Ali moved for the petitioner while Md Khurshid Alam represented the Anti Corruption Commission (ACC).
On May 12, the law ministry published separate gazette notifications saying that the trials of Khaleda in 17 cases will be shifted to the Dhaka Central Jail in Keraniganj from the old jailhouse on the capital’s Nazimuddin Road.
On May 21, Khaleda’s counsel served the law ministry with a legal notice to withdraw the order.
The petition was lodged on May 26 as the ministry did not respond it.
It cited Article 35(3) of the Constitution, which guarantees a person, accused of a criminal offence, the inalienable fundamental right “to a speedy and public trial”.
It also said the Code of Criminal Procedure (CrPC) empowers the government to direct at what ‘place’ of ‘places’ a court of sessions shall hold it sitting.
“Place” has been defined in the legal provision, which includes a house, building, tent, or vessel but does not contemplate a prison, said the legal notice which warned of legal actions if the gazette notification was not withdrawn.