Khaleda’s physical fitness
Govt turns down family’s application to send Khaleda abroad
The government on Sunday turned down the application of BNP Chairperson Khaleda Zia’s family seeking permission to send her abroad for advance treatment as there is no scope for her to avail of such a scope, said Home Minister Asaduzzaman Khan.
“The Law Ministry has informed us that there’s no legal provision to allow convicted Khaleda Zia to go abroad for treatment. In the light of such an opinion, the application of her family can’t be granted,” he told reporters at his Secretariat office.
The minister said they will soon inform the BNP chief’s family about their decision.
He said the Law Ministry made it clear that as Khaleda was earlier given a facility by suspending her sentences under section 401, now there is no scope to waive her sentences after reconsidering the same section for the second time.
Also read: Khaleda tests negative for Covid
Asaduzzaman said they received the application of Khaleda’s family on humanitarian grounds and sent it to the Law Ministry for its legal opinion. “We’re doing everything as per the law. BNP can apply (for sending Khaleda abroad, but we can't do anything beyond the law.”
Talking to UNB, Law Minister Anisul Haq said there is no chance of allowing Khaleda Zia to go abroad for medical treatment. “I’ve sent my legal opinion in this regard to the Home Ministry.”
“Khaleda Zia's sentences have been suspended as per section 401 of the Code of Criminal Procedure (CrPC), on condition that she can’t go abroad. So, there’s now no scope to grant her family’s application by relaxing this condition,” he explained.
He said when a decision has already been made as per section 401 of the CrPC, the function of this section is over regarding her and there is no scope to reopen it. “So, she (Khaleda) can’t be sent abroad.”
Also read: Khaleda applies for passport renewal to go aboard: Lawyer
BNP Secretary General Mirza Fakhrul Islam Alamgir may come up with the party’s official reaction to the government decision after visiting Khaleda at Evercare Hospital at night.
Meanwhile, M Asaduzzam, a pro-BNP lawyer, described the law minister’s explanation as per-incuriam.
He said Section 401(1) of the CrPC says, "When any person has been sentenced to punishment for an offence, the Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his/her sentence or remit the whole or any part of the punishment to which he/she has been sentenced."
The section 401 (4A) says: “The provision of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or impose any liability upon him or his property.”
“As per these sections, the government has the scope to allow Khaleda Zia to go abroad.. it’s the government’s inherent power,” Asad opined.
Also read: Allow Khaleda to go abroad for treatment: Fakhrul
He said the government can allow any person to go abroad even if any court imposes any travel ban on him/her.
On Wednesday last, Khaleda’s younger brother Shamim Iskander met Home Minister Asaduzzaman Khan at his Dhanmondi residence and submitted an application seeking permission to send her abroad for advanced treatment.
Later, the application was sent to the Law Ministry for its opinion.
Law Minister Anisul Haq on Sunday morning sent his ministry’s opinion to the Home Ministry.
The 76-year-old BNP chief, who tested positive for Covid-19 for the second time on April 24, was admitted to Evercare Hospital on April 27 for a thorough health checkup.
She was shifted to the CCU of the hospital with shortness of breath around 4pm on Monday last. Her breathing problem later eased.
Also read: Ailing Khaleda’s family seeks permission to send her abroad
On April 28, a 10-member medical board, headed by Prof Shahabuddin Talukder, was formed for the treatment of Khaleda at the Evercare Hospital a day after her admission there.
Khaleda Zia tested positive for Covid-19 on April 10 as eight people at her residence were infected with the virus. She underwent the second Covid-19 test on April 24 and her report was positive.
Meanwhile, Khaleda Zia tested negative for Covid-19 on Saturday, 27 days after she had been infected with the deadly virus.
Amid the coronavirus outbreak, the government freed Khaleda Zia from jail for six months through an executive order suspending her sentences on March 25 last year.
Khaleda’s condition improves slightly: Doctor
The health condition of BNP Chairperson Khaleda Zia improved slightly on Saturday, but she still needs the oxygen support as her saturation level still fluctuates due to post-Covid complications, said a member of her personal medical team member.
“Madam is still being given the oxygen support, though her overall condition marked a little improvement. Her oxygen level is coming down to 90 percent when there's no oxygen support,” he said.
The physician, wishing anonymity, said though the amount of fluid in her lungs has decreased, It's still being extracted from her lungs which is now a matter of concern.
He said the BNP chief’s blood sugar level is gradually coming under control while pain in her joins has relieved significantly.
Also read: Khaleda’s fitness to go abroad to be assessed once permission given: Doctor
Replying to a question, the doctor said if the trend of improvement in her condition continues, then Khaleda will be able to fly abroad soon.
Meanwhile, a BNP senior leader said they have got a positive signal from the government to send her abroad for advanced treatment.
He said all the necessary preparations have been taken to take Khaleda to London or Singapore.
The BNP leader claimed the BNP chief might leave the country either on Sunday night or the following day if her condition doesn’t deteriorate again. “She’ll be taken to Singapore instead of London, if her condition worsens."
He also said Khaleda’s brother Shamim Iskander and his wife Kaniz Fatema and her domestic help Fatema will accompany the BNP chief during her travel abroad.
Also read: Law Ministry’s opinion on taking Khaleda abroad soon: Anisul
Earlier on Friday, Khaleda’s personal physician Dr AZM Zahid Hossain said the 10-member medical board formed at Evercare Hospital in the capital for the treatment of BNP Chairperson Khaleda Zia will decide whether she has the physical fitness to travel abroad once the government gives her permission to leave the country.
On Wednesday night, Khaleda’s younger brother Shamim Iskander met Home Minister Asaduzzaman Khan at his Dhamanmondi residence and submitted an application seeking permission to send her abroad for advanced treatment.
Law Minister Anisul Haq on Thursday said the opinion of his ministry on allowing BNP Chairperson Khaleda Zia to go abroad will be sent to the Home Ministry soon.
The 76-year-old BNP chief, who tested positive for Covid-19 for the second time on April 24, was admitted to Evercare Hospital on April 27 for a thorough health checkup.
Also read: Khaleda shifted to CCU with breathing problem: Doctor
She was shifted to the CCU of the hospital with shortness of breath on Monday last.
On April 28, a 10-member medical board, headed by Prof Shahabuddin Talukder, was formed for the treatment of Khaleda at the Evercare Hospital a day after her admission there.
Khaleda Zia tested positive for Covid-19 on April 10 as eight people at her residence were infected with the virus. She underwent the second Covid-19 test on April 24 and her report was positive.
Amid the coronavirus outbreak, the government freed Khaleda Zia from jail for six months through an executive order suspending her sentences on March 25 last year.
Khaleda’s fitness to go abroad to be assessed once permission given: Doctor
The medical board, formed at Evercare Hospital in the capital for the treatment of BNP Chairperson Khaleda Zia, will decide whether she has the physical fitness to travel abroad once the government permits her to leave the country.
Talking to reporters after visiting the BNP chief at the hospital, her medical board member Dr AZM Zahid Hossain also said there is no improvement in Khaleda’s health condition. “Her condition is the same today (Friday) as it was yesterday (Thursday).”
As journalists asked whether Khaleda is capable of going abroad with her current physical condition, he said, “This question is still irrelevant as she’s yet to be given permission (to leave the country). If the government allows her to go abroad, then the 10-member medical board will decide it."
The physician said Khaleda’s family submitted an application to the government seeking permission to send her abroad while BNP urged the government to consider the application. “It’s now up to the government to decide when and how they’ll allow her to go abroad.”
Zahid said Khaleda has been undergoing treatment in the country’s one of the renowned hospitals under the eminent doctors from both home and abroad.
Also read: Law Ministry’s opinion on taking Khaleda abroad soon: Anisul
He said the medical board visited Khaleda before Juma’a prayers and examined her health condition. “They later decided to continue the treatment with the prescription they gave earlier.”
Zahid, also a vice-chairman of BNP, said Khaleda has still been kept at the Coronary Care Unit (CCU) as her condition did not improve.
He urged people to pray for the speedy recovery of the BNP chief.
On Wednesday night, Khaleda’s younger brother Shamim Iskander met Home Minister Asaduzzaman Khan at his Dhanmondi residence and submitted an application seeking permission to send her abroad for advanced treatment.
Law Minister Anisul Haq on Thursday said the opinion of his ministry on allowing BNP Chairperson Khaleda Zia to go abroad will be sent to the Home Ministry soon.
Also read: Allow Khaleda to go abroad for treatment: Fakhrul
Meanwhile, BNP Secretary General Mirza Fakhrul Islam Alamgir on Thursday urged the government to allow their party chief Khaleda Zia to go abroad for advanced treatment on humanitarian ground as she has been suffering from post-Covid complications.
Amid talks about taking her abroad for advanced treatment, BNP Chairperson Khaleda Zia on Thursday applied for the renewal of her Machine Readable Passport (MRP).
A party senior leader, wishing anonymity, said the new passport has already been issued and her family received it.
The 76-year-old BNP chief, who tested positive for Covid-19 for the second time on April 24, was admitted to Evercare Hospital on April 27 for a thorough health checkup.
She was shifted to the CCU of the hospital with shortness of breath around 4pm on Monday last. Her breathing problem later eased.
Also read: Ailing Khaleda’s family seeks permission to send her abroad
On April 28, a 10-member medical board, headed by Prof Shahabuddin Talukder, was formed for the treatment of Khaleda at the Evercare Hospital a day after her admission there.
Khaleda Zia tested positive for Covid-19 on April 10 as eight people at her residence were infected with the virus. She underwent the second Covid-19 test on April 24 and her report was positive.
Amid the coronavirus outbreak, the government freed Khaleda Zia from jail for six months through an executive order suspending her sentences on March 25 last year.