The New Nation - Internet Edition

Staff Reporter

The Appellate Division of the Supreme Court yesterday adjourned till Tuesday the hearing of the Government leave-to-appeal against the High Court judgment canceling the trial of an extortion case against detained former Prime Minister Sheikh Hasina.

The six-member full bench of the Appellate Division headed by Acting Chief Justice Mohammad Fazlul Karim set Tuesday (February 12) for the hearing as the defence lawyers yesterday raised objection that the filing of the leave-to-appeal petition did not follow all required formalities.

The Supreme Court had earlier fixed Sunday to begin hearing the Government appeal against the Wednesday's High Court verdict that dismissed the case filed by businessman Azam J Chowdhury against Sheikh Hasina and her co-accused alleging that they forced him to pay Tk 3 crore extortion money when she was the Prime Minister.

The High Court judgment was delivered upon a writ petition filed by Sheikh Hasina challenging the validity of inclusion of the case under the emergency powers rules (EPR).

Attorney General Barrister Fida M Kamal, standing for the Government, yesterday said the Supreme Court had already granted extra time on Thursday upon a request made by Sheikh Hasina's lawyers.

The Government side was ready yesterday morning for the hearing, he said but her lawyers raised a technical point to defer the proceedings.

Sheikh Hasina's Chief counsel Barrister Rafiq-ul-Haq submitted to the Court that the hearing could not be continued until the appellant corrected the flaws in the submission of the appeal.

Otherwise, he said, he would not take part in the hearing if the session was not adjourned.

Barrister Fida M Kamal said the issue was of public importance and so he requested the Appellate Division to continue with the hearing, saying it should not be further deferred.

The Court, at this point told both the sides that all must abide by the rules and the Court should also conduct its business as per the law.

The rule of law must prevail for the judiciary to maintain its efficacy and significance, it added.

The Appellate Division bench ordered the Government side to rectify the flaws in the submission of their appeal.

Back in his office, Attorney General Barrister Fida M Kamal told journalists said such a case of public importance is likely to have crucial impact on other similar cases, but it has now been deferred again as Sheikh Hasina's lawyers have objected to the hearing.

Sheikh Hasina's councel Barrister Shafique Ahmed said the Government did not furnish all the other related documents while filing the appeal, which made the move faulty.

He said the trial Court cannot resume proceedings on Monday of the Azam J Chowdhury case filed against Hasina, as had been earlier scheduled, because the High Court had meanwhile dismissed the case.

Meanwhile, pro-Awami League (AL) and pro-BNP lawyers yesterday adjourned their joint demonstration till Tuesday, apparently to pressurize the Appellate Division's hearing.