The New Nation - Internet Edition

UNB, Dhaka

A discord between the two wings of the Supreme Court-the High Court Division and the Appellate division-has surfaced over the extortion case against detained former Prime Minister Sheikh Hasina who stands trial under the Emergency Power Rules.

The Appellate Division censured two Judges of a division bench of the High Court comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam for their Jan 17 orders. The apex court accused them of tending to let loose a judicial anarchy.

The apple of discord stemmed from a stay and a counter-stay on each other's orders relating to a Tk 3-crore extortion case against Hasina, the formal trial of which started with deposition making by complainant businessman Azam J Chowdhury on January 30.

The HC orders stalled the further proceedings of Hasina's trial by the court of Dhaka Metropolitan Sessions Judge until the disposal of its pending rule that had asked the government to explain why bringing the extortion case for trial under the Emergency Power Rules should not be declared illegal.

The High Court orders said since the rule is otherwise ready for hearing and as the legality of the initiation and continuation of trial pending before the sessions court is dependent on the decision of the rule, it would be just and fair at this stage to stay its further trial proceedings.

Earlier, on July 30 last year, the High Court, following a writ petition filed by Awami League president Sheikh Hasina, issued a rule staying the case proceedings and granting bail to Hasina.

The EPR bars a detained accused from submitting application seeking bail before any court of the country till the case is settled within a specific timeline.

On Jan 24, the Appellate division, while disposing of a government plea seeking stay on the operation of the Jan 17 High Court order, removed the legal hurdles for the trial proceedings with the observations.

The six-member Appellate division, headed by Justice M Fazlul Karim, says in its order, "It's painfully observed that such order is not only illegal and unwarranted but is also made in utter defiance of our earlier orders."

Its earlier orders passed in August last year reversed the High Court orders removing roadblocks towards smooth trial proceedings subject to get the rule heard as early as possible.

The Appellate division order further says, "Such defiance is prone to let loose a judicial anarchy, as such is deprecated and disapproved."

Meanwhile, the concerned High Court division bench started hearing on the pending rule on the validity of the EPR in question since Jan 23 with appointment of a panel of amicus curiae.

The trial of Hasina under the EPR and its validity hearings run simultaneously that resumed on February 4 (Monday).

Hasina was arrested on July 16 last year in connection with the extortion case filed by Azam J Chowdhury with Gulshan police station on June 13 the same year.