Abrar Hussain of DOT
BNP Chairperson Khaleda Zia’s lawyer has expressed no-confidence in the High Court bench of Justice JBM Hassan assigned to hearing her writ petitions regarding the cancellation of her nomination papers.
Chief Justice Syed Mahmud Hossain assigned the bench yesterday to hear and dispose of Khaleda’s three writ petitions.
The lawyer, Advocate AJ Mohammad Ali, explained they have no confidence in Justice JBM Hassan.
A two-member bench led by Justice Syed Refaat Ahmed passed a dissenting order on the same writ petitions on December 11. Refaat is senior to Justice JMB Hasan.
As per SC practice, a senior judge should hear any petition, on which a dissenting order has been passed, Barrister Badruddoza Badal, a lawyer for Khaleda, told The Daily Star. Therefore, a judge, who is senior to Justice Refaat, should hear the writ petitions, Barrister Badruddoza added.
AJ Mohammad Ali told reporters that they will apply to the chief justice to assign another High Court bench for hearing the petition.
However, Justice JBM Hasan asked the lawyer to place a statement before it in written. Advocate AJ Mohammad sought time for placing the written statement.
On December 11, the senior judge of a two-member High Court bench ruled in favor of BNP chief Khaleda Zia’s participation in the national election, but the junior judge disagreed with him.
Justice Syed Refaat Ahmed, senior judge of the HC bench, wanted to direct the EC to accept Khaleda’s nominations and allow her to contest the December 30 polls. He also wanted to issue a rule on the EC asking it to explain why its decision on Khaleda’s nominations should not be declared illegal.
On December 9, the former prime minister filed three separate writ petitions seeking HC directives on the EC to accept the nomination papers so that she can run from Bogura-6, 7 and Feni-1.
The EC rejected Khaleda’s appeals on the grounds of violating the electoral code of conduct. But Kayser pointed out that the question of Khaleda violating the code does not arise as she has been in jail since February.