Reads copy of the order
Leader of the Opposition Khaleda Zia's counsel TH Khan's role was contradictory as he prayed to the Supreme Court to adjourn hearing on her leave to appeal petition on health ground but insisted on hearing her contempt of court petition in the cantonment house case.
The apex court in its order said TH Khan sought adjournment of hearing the leave to appeal petition on health ground but curiously was not only ready but insisted on hearing the contempt matter.
The copy of the SC order, which was made on November 29 by a three-member bench headed by Chief Justice ABM Khairul Haque, was released yesterday.
The bench observed that the court had no other alternative but to dismiss the leave to appeal petition as it was not placed.
The court said it requested TH Khan time and again since 9:30am to begin his submission on the leave to appeal petition, but he refused to place the matter before it.
"We brought to his notice that the proceedings of the highest court of the country are stuck up for the last 90 minutes and for such a long time the court could not resume its judicial work," it said.
"We also assured him again and again that we shall hear all the matters one after another and also hear his colleagues but to no avail.
"At this stage, he said that he needs further instructions, but failed to explain why he cannot place the Civil Petition [leave to appeal petition] for consideration, while he was ready to argue the contempt matter, which allegedly arose subsequently out of the said very Civil Petition. On the face of it, his prayers are contradictory.
"It may be recalled that he was ready for hearing on November 10 and it was fixed on that date for hearing today [November 29]," the order said.
The bench said in view of the above facts and circumstances, the judges are satisfied that TH Khan was not at all interested to move the leave to appeal petition.
"As such this Civil Petition for Leave to Appeal is dismissed as not being pressed. The connected application for mandatory injunction/status quo would follow the result of the Civil Petition. It is accordingly rejected," it ruled.



0 comments:
Post a Comment