BNP chairperson Khaleda Zia will have to return to jail and apply to the government seeking permission to go abroad if she prefers overseas treatment, said Law Minister Anisul Huq.
“As per the provision of section 401 of the Code of Criminal Procedure (CrPC), Khaleda Zia can apply to the government for permission to go abroad. Such application has to be made by her through prisons authority. In that case, she will have to return to the jail,” he said.
“The government suspended jail sentence of Khaleda Zia as she applied for the same. She has no legal right to go abroad in furtherance of the application which was made seeking suspension of sentence,” he said.
Citing provision of section 401 of the CrPC, he said the government can suspend with or without any condition the execution of sentence or remit the whole or any part of the punishment to which a convict has been sentenced.
The law has allowed the trial court concerned to suspend sentence which it awarded to a person, the law minister said.
Once application of a convict seeking suspension of sentence is granted by the government or court cannot be reconsidered, the law minister opined.
BNP chief Khaleda is convicted and jailed in graft cases involving misappropriation of funds of Zia orphanage and Zia charitable trusts.
The issue came as an item of discussion at the workshop following a demand of Khaleda Zia’s family members and her party men to the government for allowing her to go abroad for treatment.