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Vested Property Act (Bangladesh)

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The Vested Property Act is a controversial law in Bangladesh that allows the government to confiscate property from individuals it deems as an enemy of the state . Before the independence of Bangladesh in 1971, it was known as the Enemy Property Act . In 1974 it was renamed the Vested Property Act. Later some efforts were made to repeal it.

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66-746: This law is the culmination of several successive discriminatory laws against non-Muslims passed while Bangladesh was part of Pakistan. Chronologically, they are: After Bangladesh independence in 1971, similar laws were passed: On 6 November 2008, the High Court division of the Supreme Court of Bangladesh delivered its rule nisi upon the government on the Enemy Property (Continuance of Emergency Provision) (Repeal) Act 1974 and subsequently promulgated Arpita Sampatty Protapyan Ain 2001 and circulars, administrative orders. The order calls upon

132-693: A captain in the Pakistan Army . After marriage, she changed her name to Khaleda Zia, by taking her husband's first name as her surname. She reportedly enrolled in Surendranath College in Dinajpur, but moved to West Pakistan to stay with her husband in 1965. Her husband was deployed as an army officer during the Indo-Pakistani War of 1965 . In March 1969, the couple shifted back to East Pakistan. Due to Rahman's posting in

198-530: A mortgage enforcement. This form of ruling has become a rarity in recent times, with few exceptions: in some jurisdictions, it is still a standard stage of divorce proceedings. In Hong Kong , and in England and Wales , section 1(5) of the Matrimonial Causes Act 1973 provides that "Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before

264-467: A 100-day programme to fulfill most of her election pledges to the nation. During this term, the share of domestic resources in economic development efforts grew. Bangladesh began to attract a higher level of international investment for development of the country's infrastructure, energy resources and businesses, including from the United States, Great Britain, and Japan. Restoration of law and order

330-725: A backdrop of political bickering, protests and polarisation that threatened the economy. Officially on 26 December 2006, all political parties joined the planned 22 January 2007 elections. The Awami League pulled out at the last minute, and in January, the military intervened to back the caretaker government for a longer interim period. It held power until holding general elections in December 2008. Talks in China related to trade and prospective Chinese investment in Bangladesh, particularly

396-474: A charge on the debtor's property, it will grant a charging order absolute. Khaleda Zia This is an accepted version of this page Begum Khaleda Zia (born August–September 1945) is a Bangladeshi politician, who served as the Prime Minister of Bangladesh from 1991 to 1996 and again from 2001 to 2006. She was the first female prime minister of Bangladesh and second female prime minister in

462-418: A decree nisi may also be called a rule, order or decree to show cause . Using the example of a divorce , the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to

528-406: A few weeks after February 1996 and third term was from October 2001 to October 2006. She is particularly remembered for her role in making education accessible and introducing some key economic reforms. A neutral caretaker government in Bangladesh oversaw elections on 27 February 1991 following eight years of Ershad presidency. BNP won 140 seats – 11 short of simple majority. Zia was sworn in as

594-512: A full day hartal on 27 September 1984. The protests continued in 1985 as well and as a result, in March of the same year, Ershad-led government tightened the grip of martial law and put Begum Khaleda Zia under house arrest. To divert the political pressure, Lt. General Ershad declared a date for a fresh election in 1986. Initially, the two major opposition alliances, '7 party alliance' led by BNP and '15 party alliance' led by Awami League discussed

660-553: A half-day strike on 10 November of the same year only to be put under house arrest again. On 24 January 1987, when Sheikh Hasina joined the parliament session with other Awami League leaders, Khaleda Zia was on the street demanding the dissolution of the parliament. She called for a mass rally in Dhaka which turned violent and top leaders of BNP were arrested. After that, a series of strikes were organized by 7 party alliance led by Khaleda Zia from February to July 1987. On 22 October of

726-483: A landslide victory in the 6th Jatiya Sangshad . Other major parties demanded a neutral caretaker government to be appointed to oversee the elections. The short-lived parliament hastily introduced the caretaker government by passing the 13th amendment to the constitution. The parliament was dissolved to pave the way for parliamentary elections within 90 days. In the 12 June 1996 elections , BNP lost to Sheikh Hasina's Awami League . Winning 116 seats, BNP emerged as

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792-409: A major story praising her achievements. Her government worked to educate young girls (nearly 70% of Bangladeshi women were illiterate) and distribute food to the poor (half of Bangladesh's 135 million people lived below the poverty line). Her government promoted strong GDP growth (5%) based on economic reforms and support of an entrepreneurial culture. When Zia became prime minister for the third time,

858-630: A member of Bangladesh Nationalist Party (BNP) – the party, which was founded by Rahman. She took charge of the vice-chairman position in March 1983. In March 1982, the then chief of Bangladesh Army, Hussain Muhammad Ershad forced Bangladesh's BNP President Justice Abdus Sattar to resign and become the Chief Martial Law Administrator (CMLA) of the country. This marked the beginning of a nine-year-long military dictatorship in Bangladesh. Begum Khaleda Zia, from

924-460: A movement against Ershad. On 30 September 1983, Begum Khaleda Zia led the first major public rally in front of the party office and was hailed by the party workers. On 28 November 1983, she took part in the "gherao movement" (encircling) of the Secretariat building at Dhaka along with the alliance leaders, which was quelled by Ershad's ruthless police force and she was put under house arrest on

990-441: Is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute ( rule absolute ), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should not take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason,

1056-512: Is also informally prohibited from making political moves, as doing so would result in re-imprisonment. In September 2022, the 6-month period suspension of her sentence was granted for the sixth consecutive time. She remained in Dhaka Central Jail from 2018 to 2020 and later conditionally freed for medical treatment until 5 August 2024, after a mass uprising  resulted in incumbent prime minister Hasina fleeing to  India and

1122-495: Is greatly admired by the people of a country where politics is generally an unabashed pursuit of power and personal aggrandizement. From the moment Khaleda was installed as the leader of the BNP, she has publicly remained opposed to participation in any election held while Ershad was in power. Her popularity soared after she boycotted the polls in 1986. Later in that year, on the eve of 1986 Bangladeshi presidential election , Khaleda Zia

1188-764: The Bangladesh President issuing a release order of Zia. Khaleda Khanam "Putul" was born in 1945 in Jalpaiguri in the then undivided Dinajpur District in Bengal Presidency , British India (now in Jalpaiguri District , India) but her ancestral home is in Fulgazi , Feni She was the third of five children of tea-businessman father Iskandar Ali Majumder, who was from Fulgazi, Feni District and mother Taiyaba Majumder , who

1254-579: The Bangladeshi Hindu population percentage, which has declined from an estimated 30% in 1947, to 17% in 1965 to 16% today, representing a loss of around 11 million people. Finally in the run up to the 2001 election Sheikh Hasina and the Awami League succeeded in a drive to repeal the act. The Vested Properties Return Act (2001) was implemented (in a session boycotted by the opposition BNP and Jamaat members) in an effort to make amends for

1320-469: The Family Law Act 1996 and is now six weeks. In practice, courts use an interval of six weeks and one day. Another exception regarding orders nisi is where a creditor seeks to place a charge on land for money owed. A court, on the production of certain evidence, will make a charging order nisi and a hearing date is set. If the court is satisfied at the hearing that the creditor is entitled to have

1386-477: The General Agreement on Tariffs and Trade in 1993. A new export processing zone was established near Dhaka in 1993 to attract foreign investors. The First Khaleda Zia government, to address popular demand, passed a law to allow the mayors of city corporations to be elected directly by the voters. Before that, the elected ward councilors of each ward of the city corporation used to elect the mayor of

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1452-595: The Muslim world , after Benazir Bhutto . She is the widow of one of the former President of Bangladesh , Ziaur Rahman . She is the chairperson and leader of the Bangladesh Nationalist Party (BNP) since 1984, which was founded by her husband in 1978. Born in a Muslim family in Jalpaiguri , Khaleda came to national attention as the First Lady of Bangladesh after her husband Rahman became

1518-464: The 'Demand Day' and 14 February as 'Protest Day'. Country-wide rallies were organized on those days and activists of the movement died on the streets fighting the ruthless police force loyal to President Ershad. The 7-party alliance held a countrywide 'Mass Resistance Day' on 9 July 1984, In support of their demand for the immediate withdrawal of Martial Law, the opposition forces called the countrywide gherao and demonstrations from 16 to 20 September and

1584-465: The 1980s, Zia's chief rival has been Awami League leader Sheikh Hasina. Since 1991, they have been the only two serving as the prime minister of Bangladesh. Following the end of her government's term in 2006, the scheduled January 2007 elections were delayed due to political violence and in-fighting, resulting in a bloodless military takeover of the caretaker government. During its interim rule, it charged Zia and her two sons with corruption. Bangladesh

1650-511: The GDP growth rate of Bangladesh remained above 6 percent. The Bangladesh per capita national income rose to 482 dollars. Foreign exchange reserve of Bangladesh had crossed 3 billion dollars from the previous 1 billion dollars. The foreign direct investments of Bangladesh had risen to 2.5 billion dollars. The industrial sector of the GDP had exceeded 17 percent at the end of Zia's office. On 29 October 2006, Zia's term in office ended. In accordance with

1716-591: The SSC examination and the rate was 30.11% for female. In 1995, thanks to her policies, 73.2% students passed the SSC examination and among the female students, 71.58% passed. Some of the major economic reforms marked the First Khaleda Zia government, that included the introduction of Value Added Tax (VAT), formulation of Bank Company Act in 1991 and Financial Institutions Act in 1993, and the establishment of privatization board in 1993. Besides, Bangladesh signed

1782-546: The Vested Property Act , was published in 2000. This included 748,850 families dispossessed of agricultural land. The total amount of land lost by Hindu households as a result of this discriminatory act was estimated at 1.64 million acres (6,640 km), which is equivalent to 53 per cent of the total land owned by the Hindu community and 5.3 per cent of the total land area of Bangladesh. The survey also showed that

1848-510: The army, the family then moved to Chittagong . Zia's first son, Tarique Rahman (b. 1967), got involved into politics and went on to become the acting chairman of Bangladesh Nationalist Party . Her second son, Arafat Rahman "Koko" (b. 1969), died of a cardiac arrest in 2015. Zia's sister, Khurshid Jahan (1939–2006) served as the Minister of Women and Children Affairs during 2001–2006. Her younger brother, Sayeed Iskander (1953–2012),

1914-516: The beneficiaries of the land grab through the act cut across all party lines. The political affiliation of direct beneficiaries of appropriated property was: The greatest appropriation of Hindu property took place immediately after independence during the first Awami League government (1972–75) and during the first period of rule of the Bangladesh Nationalist Party (1976-1980). Barkat's work also showed that since 1948, 75% of

1980-717: The city. Zia's administration abolished the Upazila system in November 1991. It formed the Local Government Structure Review Commission, which recommended a two-tier system of local government, district and union councils. Also the Thana Development and Coordination Committee was formed to coordinate development activities at the thana level. When the opposition boycotted the 15 February 1996 election , Zia's party BNP had

2046-471: The confiscated property. However little progress has been made in returning or compensating lost property under the Khaleda Zia government from 2001 to 2006. In 2008, Human Rights Congress for Bangladesh Minorities (HRCBM) filed a writ before Bangladesh Supreme Court under article 102 of the constitution. Rule nisi A decree nisi or rule nisi (from Latin nisi  'unless')

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2112-503: The constitution, a caretaker government would manage in the 90-day interim before general elections. On the eve of the last day, rioting broke out on the streets of central Dhaka due to uncertainty over, who would become Chief Advisor (head of the Caretaker Government of Bangladesh ). Under the constitution, the immediate past Chief Justice was to be appointed. But, Chief Justice Khondokar Mahmud Hasan (K M Hasan) declined

2178-490: The constitution. The Rule Nisi also stated why the properties so far incorporated in the list as Enemy (Vested) should not be returned to the title holder/successor/legal possession holders and or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4 weeks from 28 October 2008. Though renamed as the Vested and Non-Resident Property (Administration) Act in 1974,

2244-708: The country's first female prime minister on 20 March 1991 with the support of a majority of the deputies in parliament. The acting president Shahabuddin Ahmed granted Zia nearly all of the powers that were vested in the president at the time, effectively returning Bangladesh to a parliamentary system. With a unanimous vote, the parliament passed the 12th amendment to the constitution in August 1991, formally ending 16 years of presidential rule. When Begum Khaleda Zia took charge in 1991, Bangladeshi children received about two years of education on average, and for every three boys, there

2310-492: The country. By 1990, Chatra Dal took control of 270 out of 321 student unions of the country, riding on the popularity of Khaleda Zia. They also won all the posts of Dhaka University Central Students' Union in 1990. The new committee of DUCSU led by Amanullah Aman declared fresh programmes to overthrow Ershad in line with BNP's programmes. On 10 October 1990, in a violent turn of events Chatra Dal leader Naziruddin Jehad died on

2376-532: The divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution takes effect. The term is used in many common law jurisdictions, but is more common in the United Kingdom than in the United States . In most common law jurisdictions , a decree nisi must be obtained in possession proceedings before the court will order foreclosure under

2442-514: The election only to lose to the Jatiya Party of Ershad. Begum Khaleda Zia's uncompromising attitude and her defiance to the military dictatorship made an image of an "Uncompromising leader" in the eyes of people. Gowher Rizvi in his analysis wrote: The ability to stand up against governmental oppression, to boycott elections, to refuse offices of profit, or to suffer imprisonment are considered evidence of personal sacrifices something which

2508-409: The election under Ershad, resulting in the split between the 15 party alliance, On the other hand, Begum Khaleda Zia uncompromisingly declared the election illegal and urged people to resist the election. The government of Ershad put her under house arrest on the eve of the election while Awami League , Bangladesh Jamaat-e-Islami , Communist Party of Bangladesh and other smaller parties took part in

2574-455: The expiration of six months from its grant", and section 9(1) allows any person (including the King's Proctor ), before the decree is made absolute, to "show cause why the decree should not be made absolute by reason of material facts not having been brought before the court". In England and Wales , the minimum interval between the granting of decree nisi and that of decree absolute was amended by

2640-472: The fight against extremism . Indian officials announced they had come to agreement with her to pursue a common geopolitical doctrine in the greater region to discourage terrorists. Former Bangladesh Bank governor Fakhruddin Ahmed became the Chief Adviser to the interim caretaker government on 12 January 2007. In March, Zia's eldest son, Tarique Rahman, was arrested for corruption. Enforcing

2706-543: The first day of Ershad's rule, protested the military dictatorship and had a very uncompromising stance. She became the Senior Vice-President of BNP by May 1983. Under her active leadership, BNP started discussing the possibilities of a unified movement with six other parties on 12 August 1983 and formed a ' 7 party alliance ' by the first week of September 1983. BNP, led by Khaleda Zia also reached an action-based agreement with other political parties to launch

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2772-638: The issue of financing Padma Bridge . At the beginning of 2012, the World Bank , a major prospective financier, had withdrawn, accusing government ministers of graft. The BNP announced that the Chinese funding for a second Padma Bridge was confirmed during her visit. Zia's India visit was considered notable as BNP had been considered to have been anti-India compared to its rival Awami League. At her meeting with Prime Minister Singh, Zia said her party wanted to work with India for mutual benefit, including

2838-543: The land of religious minorities in East Pakistan and subsequent Bangladesh had been confiscated through provisions of the act. Barkat also emphasized that less than 0.4% of the population of Bangladesh has benefited from the Enemy Property Act, demonstrating that this law has been abused by those in power through corruption. The law in its implementation has been seen as a factor behind the reduction of

2904-560: The largest opposition party in the country's parliamentary history. The BNP formed a four-party alliance on 6 January 1999 to increase its chances to return to power in the next general elections. These included its former political foe the Jatiya Party , founded by President Ershad after he led a military government, and the Islamic parties of Jamaat-e-Islami Bangladesh and the Islami Oikya Jot . It encouraged protests against

2970-477: The law still retains the fundamental ability to deprive a Bangladeshi citizen of property simply by declaration of that person as an enemy of the state. Leaving the country through abandonment is a common reason for this. Hindu families who have one or several members leaving the country due to religious atrocities against Hindus, and economic as well as political reasons, have had their entire property confiscated due to labeling as enemy. It appears that in many cases

3036-551: The position. President Iajuddin Ahmed , as provided for in the constitution, assumed power as Chief Advisor on 29 October 2006. He tried to arrange elections and bring all political parties to the table during months of violence; 40 people were killed and hundreds injured in the first month after the government's resignation in November 2006. Mukhlesur Rahman Chowdhury , the presidential advisor, met with Zia and Sheikh Hasina, and other political parties to try to resolve issues and schedule elections. Negotiations continued against

3102-431: The possibilities of participating in the election forming a greater election alliance to catch Ershad off the guard. But Awami League refused to form any election alliance and Sheikh Hasina in a public rally declared anyone who would join the election under Ershad would be a 'national traitors', on 19 March 1986. However, Sheikh Hasina's Awami League , along with Communist Party of Bangladesh and six other parties, joined

3168-417: The president in 1977. After Rahman's assassination in 1981, Khaleda joined politics and came to lead the BNP. After a military coup in 1982, led by former army chief Lieutenant general Hussain Muhammad Ershad , She helped lead the movement for democracy until the fall of Ershad in 1990. She became the prime minister following the victory of BNP in the 1991 general election . She also served briefly in

3234-499: The real reason for violence against religious minorities is to pressure them to leave their lands in an attempt to take over these lands. Much of the property of murdered Hindu politician Dhirendranath Datta was confiscated by the Bangladesh government after independence in 1971 . Because Datta's body was never found after he was arrested by the Pakistan Army during the Bangladesh Liberation War , an affidavit

3300-404: The respondent to show cause as to why instructions issued in the contents of presidential order 29 of 1972, Act 45 and 46 of 1974, ordinance No. 92, 93 of 1976, Arpita Sampatty Protapyan Ain 2001 and circulars issued by government that are in contradiction with the fundamental rights and the charter of declaration of Independence of Bangladesh, 10 April 1971, should not be declared to be ultra vires

3366-499: The ruling Awami League. Many residents strongly criticized Zia and BNP for allying with Jamaat-e-Islami, which had opposed the independence of Bangladesh in 1971. The four-party alliance participated in the 1 October 2001 general elections, winning two-thirds of the seats in parliament and 46% of the vote (compared to the principal opposition party's 40%). Zia was sworn in as the Prime Minister of Bangladesh. She worked on

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3432-560: The same day. Due to the deteriorating health conditions, Justice Abdus Sattar resigned from the position of BNP chief on 13 January 1984 and was replaced by Begum Khaleda Zia who was then the Senior Vice President of the party. In May 1984, she was elected as the chairperson of the party in a council by the councilors. After assuming the position of party chief, Khaleda Zia spearheaded the movement against Ershad. In 1984, along with other parties, she declared 6 February as

3498-401: The short-lived government in 1996, when other parties had boycotted the first election because of election fraud accusations. In the next round of general elections of 1996 , the Awami League under Sheikh Hasina came to power. Her party came to power again in 2001. She has been elected to five separate parliamentary constituencies in the general elections of 1991, 1996 and 2001 . Since

3564-412: The street of Dhaka that paved the way for a greater alliance between all the opposition forces. After two-month-long protests, the BNP led by Khaleda Zia, along with other political parties, compelled Ershad to offer his resignation on 4 December 1990. Begum Khaleda Zia served as the Prime Minister of Bangladesh for three times. Her first term was from March 1991 to February 1996, second term lasted for

3630-463: The suppression of political activity under the state of emergency, from 9 April, the government barred politicians from visiting Zia's residence. Her other son, Arafat Rahman (Coco), was arrested for corruption on 16 April. On 17 April, The Daily Star reported that Zia had agreed to go into exile with Arafat. Her family said, the Saudi Arabian government reportedly declined to allow her into

3696-491: The verdict for abusing power as the prime minister while disbursing a fund in favor of newly formed Zia Orphanage Trust. Referring to the international and domestic legal experts, the U.S. State Department in its 2020 Country Reports on Human Rights Practices opined that "Lack of evidence to support the conviction" suggests the case was a political ploy to remove her from the electoral process. Amnesty International raised concerns that her "fair trial rights are not respected". Zia

3762-449: The year, Khaleda Zia's BNP in collaboration with Sheikh Hasina's Awami League declared "Dhaka Seize" programme on 10 November to overthrow Ershad. As a countermeasure, Ershad's government rounded up thousands of political leaders and activists, but on the day of seizing there were complete chaos on the streets and dozens died. The government of Ershad put Khaleda Zia under house arrest after detaining her from Purbani Hotel , from where she

3828-486: Was also a politician who served as a Jatiya Sangsad member from the Feni-1 constituency during 2001–2006. Her second brother, Shamim Iskandar, is a retired flight engineer of Bangladesh Biman . Her second sister is Selina Islam. On 30 May 1981, Khaleda Zia's husband, the-then President of Bangladesh Ziaur Rahman, was assassinated . After his death, on 2 January 1982, she got involved into politics by first becoming

3894-669: Was an achievement during the period. Zia promoted neighbourly relations in her foreign policy. In her "look-east policy", she worked to bolster regional cooperation in South Asia and adherence to the UN Charter of Human Rights. She negotiated settlement of international disputes, and renounced the use of force in international relations. Bangladesh began to participate in United Nations international peacekeeping efforts. In 2006, Forbes magazine featured her administration in

3960-558: Was brought forward that it could not be concluded that Datta had not voluntarily left the country. The family property of Nobel Prize–winning economist Amartya Sen had been confiscated by the Pakistan government. In 1999, the Bangladesh government announced that it was investigating opportunities to return the property to Sen's family. A seminal book by Professor Abul Barkat of Dhaka University , Inquiry into Causes and Consequences of Deprivation of Hindu Minorities in Bangladesh through

4026-407: Was coordinating the movement. On 11 December 1987, Khaleda was set free but she immediately held a press conference and claimed that, she was "prepared to die" to depose the dictator. After the eventful 1987, two following years went relatively calm with sporadic violence. A fresh wave of movements started when BNP's student wing Chatra Dal started winning most of the student union elections across

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4092-617: Was facing a total 36 cases against her including the Zia Orphanage Trust corruption Case and Zia Charitable Trust corruption case. On 27 November 2024, Zia was acquitted in these graft cases. Zia was transferred to a hospital for medical treatment in April 2019. In March 2020, she was released for six months on humanitarian grounds with the conditions that she would stay at her home in Gulshan, Dhaka and not travel abroad. She

4158-546: Was from Chandbari (now in Uttar Dinajpur District ). According to her father, after the partition of India in 1947 , they migrated to Dinajpur town (now in Bangladesh). Khaleda describes herself as "self-educated" and there are no records of her graduating from high school; Initially, she attended Dinajpur Missionary School and later Dinajpur Girls' School . In 1960, she married Ziaur Rahman , then

4224-459: Was one girl studying in the same classroom. Begum Khaleda Zia promoted education and vocational training very aggressively. Her government made primary education free and mandatory for all. Education was made free for girls until the 10th grade. To fund the implementation of new reforms and policies, in 1994, the education budget was increased by 60%, the highest allocation amongst the formal budget sectors. In 1990, only 31.73% students passed in

4290-406: Was put under house arrest once again. Khaleda Zia was put under house arrest multiple times from 1986 to 1990 by Ershad's military government. On 13 October 1986, she was put under house arrest right before the 1986 Bangladeshi presidential election and was released only after the election. She took the lead on her release and initiated a fresh movement with a view to deposing Ershad. She called

4356-512: Was the most corrupt country in the world according to Corruption Perceptions Index during her second tenure from 2001 to 2006. In its list of the 100 Most Powerful Women in the World , Forbes magazine ranked Zia at number 14 in 2004, number 29 in 2005, and number 33 in 2006. Zia was sentenced to a total of 17 years in prison for the Zia Orphanage Trust corruption case and Zia Charitable Trust corruption case in 2018. A local court handed her

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