The New Nation - Internet Edition

Staff Reporter

A High Court Division Bench of the Supreme Court yesterday stayed further proceedings of a Tk 3 crore extortion case against imprisoned former Prime Minister Sheikh Hasina in the trial Court.

The High Court Division bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam passed an order upon a petition filed by Sheikh Hasina, halting the trial at the Sessions Judge's Court set up on the premises of Parliament building.

The HC also passed an order upgrading the cause list for early rule hearings.

The High Court order came within two hours after Dhaka Metropolitan Sessions Judge's Court adjourned the trial for three days yesterday morning following a time petition by the defence counsels.

Meanwhile, the Government side plans to move the Supreme Court to stay the operation of yesterday's High Court order.

"We will move the Supreme Court to secure order of stay against the High Court action after the holidays," Additional Attorney General Mansur Habib, who was among those stood in the Court for the Government, told journalists after the hearing.

The Dhaka Metropolitan Sessions Judge's Court was scheduled to record deposition of complainant Azam J Chowdhury, Managing Director of the East Coast Pvt. Ltd, who lodged the case against Sheikh Hasina blaming her of forcing him to pay Tk 3 crore extortion money when she was in power as the Prime Minister.

Sheikh Hasina's younger sister, Sheikh Rehana, living in London, and cousin detained former Minister Sheikh Fazlul Karim Selim are made accused in the case.

The defence lawyers sought time to the Court for consultation with their clients before the complainant makes his deposition. The Court resumed its session at 9:30am when Sheikh Hasina and her co-accused Sheikh Fazlul Karim Selim were present on the dock.

They complained that they were not allowed to consult their clients despite having court orders. "Without consultations with the clients, how the defence could cross-examine the prosecution witnesses?" the counsel argued.

As the Anti-Corruption Commission (ACC) prosecutors conceded to the defence plea, the Court held back the commencement of trial for three days to January 21.

Standing in the dock, Hasina complained that the way the consultation is being allowed in jail in presence of intelligence agencies is "gross violation" of jail codes. "Even the agency people were seen taking notes of our consultations," she said, adding it was later detected that all consultations with her lawyers were leaked out.

Citing jail codes the former Prime Minister said the intelligence agencies may be present within the eye-view but not within earshot. "The atmosphere of consultation is not congenial rather coercive," she said.

Sheikh Hasina also pointed out that the jail authorities are not complying with the court orders on legal consultations with her. She said the process of meeting and consultation with her lawyers is very cumbersome.

The Court readily nodded to her argument and assured that it would be looked into.

"If you (defence lawyers) are refused, come up with fresh application, and I will further pass order," the Judge said.

Dhaka Metropolitan Sessions judge M Azizul Haque allowed five lawyers for each accused to consult Sheikh Hasina and Sheikh Selim in jail on Saturday and Sunday respectively.

After the Judge adjourned his Court, Sheikh Hasina, who is the President of the Awami League (AL), directed the leaders and activists of her party to prepare for next general election for the restoration of democracy.

She passed on the directive through Acting AL President Zillur Rahman, who was present in the Courtroom as one of her lawyers.

Sheikh Hasina opined that there was no alternative to elections. Therefore, AL will have to take preparation for elections, she added.

The AL President warned, saying, "Dictators may usurp power if dillydallying tactics is resorted to in the name of election." She, however, did not explained.

Earlier on July 30 last year, the High Court, upon a writ petition of Sheikh Hasina, had issued a rule upon the government to explain why placing the extortion case under the Emergency Powers Rules should not be declared without 'lawful authority'. The High Court also stayed the trial proceedings.

However, the Supreme Court later overruled the HC orders following a government plea for clearing the roadblocks to proceeding with the trial. The SC had also asked the parties to get the rule heard expeditiously.

Moving the petition, Barrister Rafique-ul Huq, the chief counsel for Sheikh Hasina, yesterday submitted in the High Court that it was imperative to hear the pending rule most expeditiously since the trial court is continuing the proceedings under the impugned Emergency Power Rules (EPR). "Otherwise, my client will be severely prejudiced," he asserted.

Barrister Huq argued in the Court, "If the rule is not heard soon, then the trial will be concluded and the rule issued by this court will become inoperative."

He contended that the supremacy and hierarchy of the Supreme Court would be undermined if the trial Court continues with its proceedings, keeping the rule pending for disposal before the High Court.

Attorney General Fida M Kamal stood for the Government.

Meanwhile, British Deputy High Commissioner to Bangladesh Duncan Norman yesterday made a courtesy call with Acting AL President Zillur Rahman at his Gulshan residence.

During the hour-long meeting from 4.45pm, they discussed bilateral relations, electoral roadmap announced by the Election Commission, the country's prevailing situation and the issues of detained party chief Sheikh Hasina's release, sources close to the meeting said.

AL leaders Abdur Razzak, Tofail Ahmed, Abul Mal Abdul Muhit and Sheikh Hasina' Personal Assistant Dr Hasan Mahmud were also present at the meeting.