The New Nation - Internet Edition

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.