Khaleda Zia now free as President commutes her jail sentence

Former prime minister Khaleda Zia, who has been out of jail for years on an executive order and its extensions, is now completely free after President Mohammed Shahabuddin commuted her prison terms.

The president passed the order under Article 49 of the Bangladesh Constitution, according to a gazette issued by the home ministry on Tuesday (6 August).

Article 49 states that "The president shall have power to grant pardons, reprieves, and respites and to remit, suspend, or commute any sentence passed by any court, tribunal, or other authority."

Even though the BNP chairperson has been freed, she will not be able to participate in the elections within the next five years.

Constitutional expert Shahdeen Malik told The Business Standard that if convicted of any criminal offence involving moral turpitude and sentenced to a minimum of two years in prison, according to Article 66(2)d of the Constitution, one cannot participate in any election within five years of release.

Three dozen cases Khaleda Zia faces

Since Khaleda's sentence in the corruption case was more than 10 years, and from 6 August she is considered free by the order of the president, the former prime minister will not be able to participate in any election held within five years from 6 August, he added.

Khaleda was sent to the Old Dhaka Central Jail after a lower court sentenced her to five years' imprisonment in the Zia Orphanage Trust corruption case on 8 February 2018 and the High Court doubled the jail term around nine months later.

The Zia Orphanage graft case was filed by the Anti-Corruption Commission in July 2008, accusing Khaleda of misappropriating over Tk2.10 crore that was received as grants for orphans via a foreign bank.

Later, she was sentenced to seven years of imprisonment by the same court in the Zia Charitable Trust corruption case in October 2018.

In August 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station, accusing four people, including Khaleda, of raising funds for the trust from unknown sources and abusing power.

The 78-year-old former prime minister has long been suffering from various ailments, including liver cirrhosis, arthritis, diabetes, kidney, lung, heart, eye problems, and post-Covid complications.

Amid the coronavirus outbreak, the government temporarily freed Khaleda Zia from jail through an executive order by suspending her sentence on 25 March 2020, with the condition that she would stay at her Gulshan house and not leave the country.

Since then, her release term has been extended every six months following the family's plea.