The New Nation - Internet Edition

Barge-mounted power plant scam: Hasina’s trial deferred amid speculations

Some relatives registering their names to meet the
Awami League President Sheikh Hasina at the special court at
the Sangshad Bhaban premises on Thursday. Banglar
Chokh

Shahidul Islam

Judge M Firoz Alam of the Special Court number 1 yesterday adjourned the charge hearing of a Tk 3 crore Barge-mounted corruption case against detained former Prime Minister Sheikh Hasina after the prosecution lawyers sought for time.

The Judge adjourned the charge hearing till February 13 as the Chief Public Prosecutor prayed time to enable them to study the documents of the case.

Lawyers said the adjournment has triggered speculation that the prosecution wanted to see result of the Government's leave-to-appeal against the Wednesday's High Court judgment, quashing Azam J Chowdhury's extortion case against Sheikh Hasina, before the charge hearing.

Quashing the trial of the detained former Prime Minister Sheikh Hasina in the case, a High Court Division Bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam said it was "illegal" to prosecute Sheikh Hasina under emergency power rules (EPR) since the offense was committed much before the proclamation of the state of emergency.

A senior policy maker of the Government, which filed a leave-to-appeal before the Appellate Division of the Supreme Court requesting for stay the operation of the Wednesday's High Court judgment, yesterday said fate of trial of all other corruption cases that was brought under the EPR depend on the judgment of the Appellate Division, which is scheduled to hear the petition on Sunday.

"Fate of hearing of all other cases under the emergency power rules will depend on the Appellate Division judgment on the hearing of appeal against the (Wednesday's) High Court verdict," Adviser for Law, Justice and Parliamentary Affairs AF Hassan Ariff told a weekly press briefing at his Secretariat office yesterday.

The Law Adviser's comment triggered speculations regarding the postponement of charge hearing on Barge mounted case upon a time petition by the prosecution lawyers. Otherwise, prayers for time by the defence or prosecution sides and the adjournment of hearing are regular practice of Court proceedings.

Advocate Shamim Ahsan, a Public Prosecutor (PP) of both the cases filed by Azam J Chowdhury and Anti-Corruption Commission (the Barge mounted scam), yesterday said the Wednesday's judgment of the High Court Division bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam was contradictory to a previous judgment delivered by another High Court Division bench on a similar case.

Earlier, on January 3, 2008, a High Court Division bench comprising Justice ABM Khairul Haque and Justice Abdul Awal in its judgment upon a writ petition filed by former BNP Minister Amanullah Aman challenging the inclusion of an extortion case against him under the emergency power rules on the plea that the offense was committed much before the promulgation of the state of emergency.

"Justice ABM Khairul Haq, in his judgment, rejected the defence lawyers plea and said the inclusion of the extortion case under the emergency power rules was not illegal," Advocate Shamim Ahsan said.

He said the Appellate Division would have to take its decision after examining both the conflicting judgments of the two separate High Court Division Benches.

Anti-Corruption Commission (ACC) Director General Col Hanif Iqbal yesterday said the ACC would accept and abide by the directives of the Appellate Division of the Supreme Court.

"We may revise cases if a new direction comes in the Appellate Division judgment on the appeal hearing," said the top official of the ACC, which filed the Barge mounted case against Sheikh Hasina.

Meanwhile, lawyers belonging to the Awami League (AL) and the BNP yesterday began a regular joint demonstration at Supreme Court Bar Association building to protest against the Government's leave-to-appeal petition seeking a stay order on operation of the Wednesday's High Court Division' verdict.

Barrister Rafiq-ul-Huq, the top lawyer of both the detained Prime Ministers-Sheikh Hasina and Begum Khaleda Zia-also addressed the joint rally, the first of its sort in last 17 years after the fall of the then authoritarian President Gen (retd) HM Ershad in December 1990. The joint demonstration will continue everyday till further decision, organisers said yesterday.

Hasina demands polls in May

Staff Reporter

Detained former Prime Minister Sheikh Hasina yesterday demanded of the Caretaker Government to hold the stalled general elections within May in order to transfer of power to the elected peoples' representatives as early as possible.

She alleged that the Caretaker Government had resorted to a dilly-dally tactics about holding the elections in the name of preparing the voter list.

"If the nation could achieve the independence in nine months, why should it take more than a year to prepare a voter list?" she posed the question, while talking to her lawyers at the makeshift Special Court in Parliament-building complex, where she appeared in Tk 3 crore Barge mounted corruption case yesterday.

Her Personal Assistant Dr Hasan Mahmud disclosed this after the postponement of the hearing by the Court.

He said Sheikh Hasina expressed deep concern about unabated price hike of essentials, which is hitting hard low-and middle-income groups of people.

"She termed the price hike as an obvious outcome of long emergency rule," he said.

Sheikh Hasina expressed her joy over the Wednesday's High Court judgment upon her writ petition that quashed a Tk 3 crore extortion case against her.

"The former Prime Minister said she will be acquitted of all the 'cooked-up cases' if the Judiciary could function independently, free from any interference," Hasan Mahmud said.

"This High Court verdict again proved that none can act against the Constitution which is the supreme law of the land," she was quoted to have told her lawyers.

Earlier, when the Court of Judge M Firoz Alam resumed at about 10:00am for charge framing hearing in Khulna barge-mounted power-plant corruption case, the Chief Prosecutor prayed for an adjournment of the trial to enable them to study documents of the case.

Granting the prosecution prayer, the Court fixed February 13 for the charge hearing.

Moriarty in Senate Committee hearing: Bangladesh vital to US interests

James F Moriarty

Syed Zahirul Abedin

Bangladesh is a country in an area of globe vital to US interests, said Ambassador-designate of the United States to Bangladesh James F Moriarty on Wednesday.

Taking part in a hearing before the Senate Foreign Relations Committee at Dirksen Senate Office Building on Wednesday for being confirmed as new US Ambassador for Bangladesh, Moriarty said the US interests in Bangladesh revolve around three, inter-twined "d's": democracy, development, and denial of space to terrorism. The seventh-most populous country in the world, Bangladesh is overwhelmingly Muslim and has in the recent past been grindingly poor.

"If, under such conditions, it succeeds in building a tolerant, prosperous democracy, it will serve as a shining beacon for much of the world. If it fails in these tasks, it could become a nation of ungoverned space and a potential safehaven and crossroads for international terrorism," he told the committee, chaired by Senator John Kerry from Massachusetts.

Expressing his profound gratitude to President George W Bush for nominating him as an ambassador to Bangladesh, Moriarty said, "I deeply appreciate the trust President Bush and Secretary (Condolezza) Rice have shown in nominating me and, if confirmed, I will serve to the best of my abilities."

While delivering his speech before the chairman and members of the Senate Foreign Relations Committee, the US Ambassador-designate said Bangladesh's State of Emergency continues today, more than a year after the current Caretaker Government assumed power. Under the State of Emergency, the Bangladesh government placed on freedom of expression and the right to engage in political activity. In August 2007, the Caretaker Government received a jarring wake-up call when the country erupted in violent protests. The government, with the strong support of the military, quickly restored order by imposing a curfew in the areas hit by rioting. But the demonstrations showed what can happen when legitimate means of expressing grievances are unavailable.

Before and after the protests, he said the US has consistently urged Bangladesh's Caretaker Government to lift the restrictions on basic rights, and on September 9, 2007, Chief Adviser Fakhruddin Ahmed announced a partial relaxation of the ban on political activity. The US has welcomed this announcement and urged the Caretaker Government to move as quickly as possible to take additional steps to restore civic freedoms and democracy. In particular, the US has called upon Bangladesh's Caretaker Government to adhere to the electoral roadmap it announced in July last year. The roadmap promises national elections by the end of 2008.

"I am heartened by indications that the electoral roadmap remains on track," he said.

Referring to the Chief Adviser's address to the nation on January 11 last, Moriarty, who also served as US Ambassador to Nepal, said the Chief Adviser reiterated his commitment to hold elections that will restore, not replace, Bangladesh's democracy.

Besides, Bangladesh's Chief of Army Staff has underscored that the military supports the Caretaker Government and that he does not personally seek political office.

The US Ambassador-designate said Bangladesh's efforts to register 90 million voters remain on track despite disruptions from Cyclone Sidr that left much of the southern part of the country in ruins last November.

Moriarty said there are encouraging signs that the Caretaker Government is cracking down on human rights abuses. Meanwhile, though, the US continues to insist the Bangladesh government investigate allegations of extrajudicial actions, or wrongful detention of individuals. The anti-corruption campaign remains popular, although the government must carefully follow due process.

Meanwhile, he said reformers within Bangladesh's major political parties are pushing to democratize the parties. The Caretaker Government has also responded positively to the parties' call for dialogue.

"While these are ultimately matters for the Bangladesh people to decide, the US is actively following these developments. We also continue to monitor the court cases brought against those detained during the State of Emergency, including the two former prime ministers. The US-along with like minded partners-has advised Bangladesh's Caretaker Government that it must meet international standards for due process, transparency and respect for human rights in all cases," he said.

On development issue, Ambassador-designate Moriarty said the US has provided roughly $5 billion in assistance to Bangladesh since its independence. Currently, the USAID manages a large food aid programme that targets the poorest of the poor, especially in the countryside where the effects of floods and other disasters are most severe.

Last year, he said the US government provided emergency relief to the millions of people whose livelihoods Cyclone Sidr destroyed. USAID immediately provided $19.5 million in aid and the US military immediately provided desperately needed airlift to deliver food, water and clothing to remote areas during Operation Sea Angel II. The US response to the crisis received widespread and exceedingly favourable media coverage in Bangladesh. This has helped cement the friendly ties between the two countries.

Ambassador Moriarty said the damages from Cyclone Sidr has been estimated at billions of dollars, and the government has asked donors to help rebuild agriculture and aquaculture industries, to reconstruct rural electrification networks and to mitigate future disasters. Bangladesh also needs help from donors to ensure that the most vulnerable of its citizens have adequate food security.

Turning to terrorism, Ambassador Moriarty said despite a long and

Admirable history of tolerance, Bangladesh has become a target of extremists in recent years. Poverty and political turmoil have provided some space for terrorists. Home-grown terrorists, called the Jamatul Mujahideen Bangladesh (JMB) simultaneously exploded over 400 small bombs throughout the country in August 2005, and shortly thereafter, the JMB embarked on a terror campaign of suicide attacks against judges, other prominent figures, and crowded markets. The subsequent execution of six JMB leaders appears to have left the terrorist organization on run.

The Ambassador-designate said Bangladesh is committed to partnership with the United States in the Global War on Terror, and the vast majority of Bangladesh's citizens appear to have little sympathy for the terrorists. The Caretaker Government has identified counterterrorism as a top priority and has actively pursued extremists. "If confirmed, I will make it a priority to work with Bangladesh to help it counter the internal terrorist threat, while strengthening control of its borders and various ports of entry," he said.

"Mr Chairman, in closing let me say that I look forward very much to the challenges I will face if confirmed as US Ambassador to Bangladesh," he said.

Over the years, Moriarty said the people of Bangladesh have overcome many daunting obstacles in their search for better lives. "I feel strongly that it is in the US national interest to work with them to help build a Bangladesh where democracy flourishes, where no child goes to bed hungry, and where no terrorist can find safehaven. If confirmed, I will work closely with Congress in pursuit of these goals," he said.

British FM Milliband due today

David Milliband

UNB, Dhaka

British Secretary of State for Foreign and Commonwealth Affairs David Milliband MP arrives here today (Friday) on a 2-day visit to Bangladesh, at a time when the country is passing through a crucial transitional period.

The visit by a British Foreign Minister to Bangladesh is first in many years. Earlier, British Foreign Secretary (Minister) Jack Straw came to Dhaka with British Prime Minister Tony Blair on January 3, 2002.

Milliband is the youngest Foreign Minister of Britain. He joined the cabinet of Prime Minister Gordon Brown in June last year.

His visit to Dhaka ahead of general election here is seen as significant as he is expected to spell out the United Kingdom’s government position on democracy, economic development and human rights in Bangladesh.

Foreign Advisor of the caretaker government Dr Iftekhar Ahmed Chowdhury will receive the British Foreign Minister at Zia international airport.

They would hold formal talks at state guesthouse Padma on Friday afternoon.

During his brief stay here, the British Foreign Minister would meet Chief Advisor Dr Fakhruddin Ahmed, Chief Election Commissioner Dr ATM Shamsul Huda and army chief General Moyeen U Ahmed.

He would deliver a lecture at the British Council.

Milliband is scheduled to leave Dhaka on Saturday night.

HC quashment: Appellate Divn hearing Sunday

Staff Reporter

The Appellate Division of the Supreme Court will hold on Sunday the hearing of the leave to appeal petition by the Government against the Wednesday's High Court judgment quashing the Azam J Chowdhury extortion case against detained former Prime Minister Sheikh Hasina.

The six-member full bench of the Appellate Division headed by Acting Chief Justice Md Fazlul Karim deferred the hearing till Sunday since Sheikh Sheikh Hasina's counsels for requested more time.

Sheikh Hasina's Advocate-on- Record Maulovi Wahidullah sought for time requesting adjournment of the hearing as her senior lawyers Barrister Rafiq-ul-Huq was not present in the Court.

Attorney General Barrister Fida M Kamal said the plaintiff had no objection to the deferment of the hearing.

The Court ordered the case proceedings to be adjourned until Sunday.

Meanwhile, addressing a joint rally of pro-Awami League (AL) and pro-BNP lawyers at the SCBA building, Barrister Rafiqul Huq alleged that the Attorney General's office did not follow due rules during filing the Government's leave-to-appeal petition against the Wednesday's High Court verdict.

"We were not ready to attend the hearing since the case was not in the regular daily cause-list," he told the joint rally, first of its sort in last 17 years.

The rally was organised apparently to put pressure on the Appellate Division so that the judgment of the appeal could not overrule the High Court verdict, some lawyers said.

Organisers announced that the joint protest rally of the pro-BNP and pro-AL lawyers would be held everyday at the Supreme Court Bar Association (SCBA) building until further decision.

"We are not demonstrating against the Appellate Division of the Supreme Court," Barrister Rafiq-ul-Huq said as some of the speakers made statement against the highest Court of the Republic.

"We are requesting the Appellate Division to go by the Constitution and law of the land," Barrister Huq said.

ACC cases under EPR to be corrected as per Appellate Division directive

UNB, Dhaka

Against the backdrop of the High Court verdict on an extortion case against Sheikh Hasina, the Anti-Corruption Commission yesterday indicated that the Commission would correct the procedures of its cases under the Emergency Power Rules if there is any directive in the final judgement of the Appellate Division.

A division bench of the High Court Wednesday declared illegal the trial of the Tk 3-crore extortion case under the Emergency Power Rules (EPR) against former Prime Minister Sheikh Hasina. The entire trial proceedings of the case filed by Azam J Chowdhury were also quashed.

Even though the case was not filed by the ACC, there are many cases filed by the Commission under the Emergency Power Rules against many, including former premieres Sheikh Hasina and Khaleda and others.

"It was the verdict of the High Court. After that, there is Appellate Division of the Supreme Court. It is the matter for the court (Appellate Division) if today's verdict prevails," ACC director general (admin) Col Hanif Iqbal, also the Commission's spokesperson, told a regular briefing in reply to questions regarding the impact of the verdict might have on the ACC cases under the EPR.

"Before full completion of the legal activities, it'll not be wise to comment in this regard. About the cases (under EPR), if there is any direction in the final judgement of court (Appellate Division), the Commission, if needed, will take corrective measures," he said.

Saying that the Commission will accept the verdict of the court, Hanif remarked, "The Commission believes in fair justice. At the same time, the Commission is vested with the responsibility to protect the interests of the people and the state."

Asked what the Commission thinks about the impact of the verdict, he said he does not know if there has been any discussion in this regard.

When asked about the number of the ACC cases under the EPR, he could not provide any statistics.

To a query about the list of 49 Titas Gas employees to be sent to the Commission, Hanif said the ACC has not yet received the list.

Asked if the Commission endorses the way task force is taking back the ill-gotten money of the employees in return for immunity, he said when the issue would come to the ACC, it would look into this from the legal point of view and the Commission would decide on this.

Replying to a question, Hanif said it is not that the decisions of the task force and the Commission would be the same. "The Commission is run based on its schedule and stipulated law. The Commission will do nothing deviating from the law."

To a questioner, he said the interviews of deputy directors and assistant directors, who were earlier not absorbed by the Commission, began today and the process to scrutinise them has begun.

The director general informed the briefing that the Commission has approved the issuance of notice to former BNP MP Sarder Sakhawat Hossain Bakul directing him to submit his wealth statement.

The Commission has approved the submission of charge sheets in cases against former minister Shajahan Siraj and his wife Rabeya Siraj, former Awami League MP Haji Makbul Hossain and his wife Golam Fatema Tahera Khanam, and former Dhaka Medical College Hospital professor and DAB leader AZM Zahid Hossain and his wife Rifat Hossain for concealing information and acquiring wealth beyond their known sources of income.

The ACC also approved the filing of a case against former CBA leader of Water Development Board Abul Kalam Azad and his wife Kohinoor Sultana for concealment of information and amassing wealth beyond their known sources of income.

Bangladesh must return to democracy soon: Geeta Passi

UNB, Dhaka

US Charge d'Affaires Geeta Pasi Thursday said Bangladesh should return to democracy as soon as possible and hold free and fair elections to allow people to select their leaders. "It's important in our views that the country should return to democracy as soon as possible," she told reporters after meetings with Health and Food Adviser M Shawkat Ali and Law Adviser A.F. Hassan Ariff at their respective ministries. Pasi said, "We support the caretaker government as it implements the election roadmap and welcome the Chief Adviser and others' commitment to the elections." She said, "There must be elections that will allow people to select their leaders through free, fair and credible elections." Referring to corruption cases, she said it is important to follow the due process, respect human rights and international standard in all cases and the cases must be transparent.

The US envoy came up with the remarks within days of US Special Deputy Assistant Secretary of State Donald Camps' remarks that the sooner the state of emergency is lifted the better and the sooner the election can be held the better.

Diversified use of soyabean can fetch Tk 11000 crore

Syful Islam

Appropriate measures by the government can help earn Tk 11,000 crore from soyabean sector including Tk 2,000 crore edible oil, said agri scientists.

They said red tapes, government negligence and lack of private sector investment keeps the country far to get the benefit from the huge potential sector.

Each year nearly Tk 7,000 crore is being spent to import edible oil. Of them Tk 2,500 crore for soyabean oil while the rest is for palm oil. Experts said a big portion of the edible oil demand could be met from local production if proper measures were taken.

Sources in the Department of Agriculture Extension (DAE) said nearly 81,481 tonnes of soyabean was produced last year on 46 thousand 163 hectares of land. They said there are nearly 8 lakh hectares of land in 19 districts including Barisal, Bhola, Faridpur, Gopalganj, Patuakhali, Meherpur and Jessore where nearly 15 lakh tonnes of soyabean can be produced.

Experts said from the 15-lakh tonnes of soyabean 2,25,000 tones of oil worth Tk 2,250 crore, 3,00,000 tonnes of soya nuggets worth Tk 3,000 crore, 7,50,000 tonnes of soya flour worth Tk 2,250 crore and 2,25,000 tonnes of baby food worth Tk 3,600 crore can be produced. The some other food items can be produced from soyabean are soya milk, dal, tofu, biscuits, cookies, breads, crisoy, saline, energy foods, drinks and noodles.

Sources said at present most of the soyabean are being used as poultry and fish feed due to the absence of processing industries. There are only two privately owned soyabean processing industries which only refines crude oil importing from Malaysia and some other countries

Price of edible oil is increasing both international and local market. Last week per tones of soyabean oil was selling at US$1,025 and Plam oil at US$990. In the local market per litre of soyabean oil is now selling between Tk 100 and Tk 105. Last year nearly 4.975 lakh tones of crude soyabean oil and 5.981 lakh tones of crude palm oil were imported in the country. Besides 1.82 lakh tones of mustard was also import in the same year.

The government so far took very few initiatives to increase local production of soyabean. There were some research over the issue but now those are band with red tapes.

Project Director of Integrated Soyaben Cultivation project at DAE Abdul Awal Mollah told this correspondent that the five year long project has been allocated only Tk 3.83 crore for four components. The other implementing agencies are BADC, BARI and BINA. For DAE the allocation is only Tk 86 lakh.

"The allocation for the entire project is so poor considering vast lands in the country," he said adding," We need to train at least 2.6 lakh farmers instead of targeted 2,610 farmers to get real benefit."

He also said under the project the DAE will provide training to 2610 farmers in 16 upzila, 1,170 sub assistant agriculture officers, 1,160 block exhibition in per acres, three workshops, 34 food exhibition at district level, 58 food exhibition at upzila level, distribution of posters, leaflets and booklets to encourage soyabean production.

Rice import at $399 per ton: First Indian consignment due next week

Staff Reporter

The Government is expecting that the first consignment of rice from India to reach Dhaka by next week as New Delhi agreed to supply the commodity at the rate of US 399 dollars per tonne, official sources said yesterday.

India had recently lifted a ban on export of rice up to 5.5 lakh tonnes to Bangladesh following the attack of Cyclone Sidr that ravaged the country's coastlines on November 15 last year.

"We are expecting the first consignment of rice to reach here by this month after the final approval of the decision by the two Governments," a senior official of the Food Ministry told journalists.

Senior officials of Bangladesh and India on Wednesday fixed the price of rice after four days of talks in Kolkata. Food and Disaster Management Secretary Mohammad Ayub Miah said Dhaka would take steps to import rice through rail, road and river ways after it received the necessary documents from the Indian authorities.

The meeting decided that representatives of both the countries would apprise their governments of the meeting's outcome for approval.

The meeting decided that four lakh tonnes of rice would be imported in the first two months, with two lakh tonnes each month. The remaining one lakh tonne will be imported in the third month, officials said.

The Bureau of Statistics on Wednesday reported that inflation rate of food items in urban areas reached 15.77 per cent and 13.91 per cent in rural areas on point-to-point basis in December last year shooting up further the prices of essentials, especially rice and flour.