Internet Edition. December 14, 2007, Updated: Bangladesh Time 12:00 AM 
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Appellate Division stays HC order: Go-ahead for Hasina’s trial in makeshift court

Sheikh Hasina

Staff Reporter

The Appellate Division of the Supreme Court yesterday halted the High Court stay order on trial of the extortion case filed by businessman Azam J Chowdhury against former Prime Minister Sheikh Hasina.

The apex court simultaneously stayed the High Court order that halted the relocation of Metropolitan Sessions Judge's Court to Parliament Complex premises to try the detained Awami League (AL) Chief and her co-accused.

Sheikh Hasina's younger sister Sheikh Rehana, who is living in London, and their cousin and former Minister Sheikh Fazlul Karim Selim are also accused in the case.

The six-member full Bench of the Appellate Division led by Chief Justice Md Ruhul Amin issued the twin orders upon an appeal by the Government.

Barrister Rafique-ul Huq, the chief counsel of Sheikh Hasina, said after the Supreme Court verdict the trial would now be held in the relocated Metropolitan Sessions Judge's Court on the premises of Parliament Complex.

Additional Attorney General Salauddin Ahmed, who stood for the state, told the Bench during the hearing that the law has given the Government the power to transfer the court.

He said the Supreme Court had set precedence on the matter. Barrister Rafique-ul Huq replied saying, "We will have to look at the matter from a different perspective after the separation of the judiciary. The Government does not have the power to order the relocation of the court."

Barrister Shafique Ahmed, another lawyer of Hasina, later told journalists that the Supreme Court order has surprised them. "The order did not reflect the independence of the judiciary," he added.

The Government on December 10 moved the Supreme Court after the High Court the previous day stayed the proceedings of the case in the Metropolitan Sessions Judge's Court and the transfer of the court. The High Court also asked the Government to explain why the order on relocation of the court was not illegal.

On November 26, the Acting Secretary to the Law Ministry ordered the Metropolitan Sessions Judge's Court-the trial court-to hold trial on the Sangsad Bhaban premises citing security reasons.

The case filed on June 13 involves charges of extortion from businessman Azam J Chowdhury, Managing Director of the East Coast Company Ltd, who accused Sheikh Hasina of taking about Tk 3 crore during her 1996-2001 term in return for allowing him to build a power plant.

Sheikh Hasina, Sheikh Rehana and Sheikh Fazlul Karim Selim rejected the charges, while the AL said the charges were aimed at belittling the image of party chief. Sheikh Hasina and Sheikh Selim are in jail now. Sheikh Rehana was shown to be a fugitive from justice.

Earlier in the day, the makeshift Dhaka Metropolitan Session Judges' Court trying former Prime Minister Sheikh Hasina's extortion case postponed the trial for three months after Judge Azizul Haq received the High Court order staying the proceedings on Wednesday.

The High Court on Sunday upon a writ petition filed by Sheikh Hasina stayed the proceedings of the trial.

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