The Appellate Division of the Supreme Court on Wednesday acquitted Bangladesh Nationalist Party chairperson Khaleda Zia, her son and acting BNP chairman Tarique Rahman and four others of charges in the Shaheed Ziaur Rahman Orphanage Trust case.聽
The highest court labelled the case as a 鈥榤alicious prosecution鈥� and set aside the judgements of both the High Court and the trial court that had convicted and sentenced Khaleda, Tarique, his cousin Moninur Rahman,聽 former BNP lawmaker Qazi Saleemul Huq, businessperson Sharfuddin Ahmed and former principal secretary Kamal Uddin Siddique.
Tarique, residing in London, and Kamal were tried in their absence as fugitives.
The five-member bench, led by chief justice Syed Refaat Ahmed, unanimously allowed the appeals filed by Khaleda, Saleemul Huq and Sharfuddin against their conviction and sentence.
The verdict declared that no evidence supported the allegations of fund misappropriation.
It termed the case a 鈥榗ontrived misapplication of the law鈥� and an abuse of legal processes.
The verdict extended to other convicts who did not appeal, clearing them from the case and restoring their dignity.
The case was filed on July 3, 2008, during the military-backed interim regime.
The Anti-Corruption Commission has accused Khaleda of misusing her position as prime minister in 1991鈥�1996 to misappropriate Tk聽2.10 crore from a donation of Tk聽4.44 crore by the Saudi king to the orphanage trust.
The Dhaka Special Judge鈥檚 Court sentenced Khaleda to five years in prison and jailed Tarique and the rest four others for 10 years on February 8, 2018.
On October 30, 2018, the High Court increased Khaleda鈥檚 jail term to 10 years following an ACC appeal.
In the Appellate Division hearing, ACC counsel Asif Hasan, however, admitted that no evidence of fund misappropriation was found, and the Tk聽2.10 crore, along with interest accrued, remained intact in the trust鈥檚 account.
The verdict came after a shift in political dynamics following the ouster of Sheikh Hasina鈥檚 government amid a student-led mass uprising on August 5, 2024.聽
Khaleda鈥檚 convictions in the Zia Orphanage Trust and Zia Charitable Trust cases were later remitted by presidential orders.
On November 27, 2024, the High Court acquitted Khaleda of the charges in the Zia Charitable Trust case, in which she was sentenced to seven years in prison by a special judge鈥檚 court in 2018. The ACC filed the case on August 8, 2011.
Khaleda currently faces 37 cases on varying charges, including sedition, political violence and arson. More than 21 of the cases have been dismissed, while several others remain pending with the courts, according to her lawyer Kayser Kamal.
Khaleda, 76, has been suffering from multiple health issues, including liver cirrhosis, heart disease and kidney problems.
In March 2020, she was granted temporary release from prison by the Awami League government under an executive order, citing her health condition. Her release was extended several times.
On January 7, 2024, Khaleda left Dhaka for London for advanced medical treatment, marking a significant chapter in her political and legal journey.
Additional attorney general Aneek R Haque appeared for the state.
Attorney General Md Asaduzzaman, a former member of Khaleda Zia鈥檚 defense team, refrained from participating in the hearing, citing a conflict of interest.