Khaleda’s Treatment: Lawyer files writ seeking HC directive

Supreme Court lawyer Md Eunus Ali Akond yesterday filed a writ petition with the High Court seeking its directive to allow BNP Chairperson Khaleda Zia to go abroad for advanced treatment.

Since November 13, the 76-year-old former prime minister has been in the critical care unit of Dhaka's Evercare Hospital, where she is taking treatment for liver cirrhosis.

To save her life, her doctors said she needs a transjugular intrahepatic portosystemic shunt, a medical procedure available only in medically advanced countries such as Germany, the UK and the US.

But the leader of the main opposition party has been barred by a court from leaving the country after being convicted on corruption charges in 2018.

Her family filed petitions to allow her to travel abroad for treatment, but the government said she must return to jail first to apply for permission -- an exercise not possible given her critical condition.

There is no legal bar to allow Khaleda to go abroad for treatment on the humanitarian ground under section 401 (1) of the Code of Criminal Procedure (CrPC) and under the preamble and relevant articles of the constitution, Akond said in the petition submitted as public interest litigation.

Section 401(1) of the CrPC has a provision to suspend the sentence, he said.

Subsequently, the respondents should be directed to allow Khaleda to go abroad for treatment and to ensure her fundamental human rights as per the United Nations Charter and UN Universal Declaration of Human Rights.

The secretaries to the ministries of law, cabinet division, president's secretariat and home and principal secretary to the prime minister's office have been made respondents to the required directive.

Under articles 3, 5, 11, 13(2) of the constitution and UN Universal Declaration of Human Rights, Khaleda, whose health condition is deteriorating, is entitled to go outside Bangladesh for better treatment, the petition said.

The writ petition will be placed before the HC today for its hearing, Akond told The Daily Star.

Law Minister Anisul Huq on December 5 told reporters that the government was looking for a legal scope to allow Khaleda's medical treatment abroad.

"Prime Minister Sheikh Hasina has considered the issues of Khaleda Zia's treatment from a humanitarian aspect."

Two applications for allowing Khaleda Zia to go abroad have been rejected earlier.

"Now, we are examining whether there is any scope in this regard. The decision would be made examining all the aspects so that the law is not violated," Huq added.