The New Nation - Internet Edition

Quashment of Hasina's trial under EPR: SC refuses to entertain govt plea for stay: Prosecution asked to file regular appeal; Ajam Choudhury meets law, energy ministry officials in

Sheikh Hasina

Staff Reporter

The Appellate Division of the Supreme Court yesterday asked the Government to file a regular leave-to appeal by February 19 against the High Court judgment quashing an extortion case against detained former Prime Minister Sheikh Hasina.

The seven-member full bench of the Appellate Division with Chief Justice M Ruhul Amin in the chair also refrained from issuing a stay order, which was sought by the Government, against the High Court verdict. As a result the stay petition remained pending till filing of the regular leave-to-appeal.

The Appellate Division passed the order at 12:02pm after hearing both sides at the jam-packed Court room amid extraordinary security measure.

A High Court Division bench, on February 6, in its judgment declared illegal the government action through placing a Tk 3 crore extortion case of against Sheikh Hasina for trial under the Emergency Powers Rules (EPR) and quashed the entire trial proceedings of the case, which was being held at the Dhaka Metropolitan Sessions Judge's Court relocated at the high security Parliament building complex.

Attorney General Barrister Fida M Kamal, who represented the Government, argued in the Appellate Division seeking the stay order, saying, "The is of public importance since its judgment may influence the fate of all other corruption case being tried under the emergency power rules."

The full Court of the Appellate Division did not pay heed to his argument saying it could not issue an order without seeing the High Court judgment, which was a complete verdict.

Moving the stay petition, the Attorney General submitted that the High Court judgment has far-reaching consequences in the judicial system.

He said the cases for offences, which had been committed before the promulgation of emergency and brought under the EPR for trial, would be in trouble.

Barrister Fida M Kamal expressed the Government concern over the fate of other corruption cases being tried under the EPR and of those already convicted. The High Court judgment would have an adverse impact on those cases, he submitted.

He termed "outrageous" the High Court order that also quashed the entire trial proceedings of the extortion case filed by businessman Azam J Chowdhury, though writ petitioner Sheikh Hasina did

"How the High Court could give such order beyond its jurisdiction?" he posed the question.

"I am seeking stay on the operation of the High Court order until filing of a regular leave petition," he pleaded the highest Court.

Opposing the Attorney General's contention, Sheikh Hasina's chief counsel Barrister Rafique-ul Huq said the High Court delivered its judgment complying with the Supreme Court's earlier orders that had directed to resolve the writ petition as soon as possible.

If the stay is granted, he said, it will amount to frustrating the High Court judgment that was delivered after the submissions by the contesting parties and a six-member panel of amicus curiae.

Barrister Shafique Ahmed, another top counsel for Sheikh Hasina, after the Supreme Court order told journalists that the Supreme Court did not pass any stay order as prayed by the Government and the petition has been made 'stand over'.

Explaining the Supreme Court order, he said the High Court's February 6 judgment still remains in force and the trial against Sheikh Hasina stalled.

However, Sheikh Hasina will not be freed from the jail since she had been shown arrested in a barge-mounted power plant corruption case filed by the Anti- Corruption Commission.

The charge hearing in the barge-mounted case is scheduled to begin today at the Special Judge Court set up on the premises of Parliament building complex.

On June 13 last year, Azam J Chowdhury, Managing Director of East Coast Trading Pvt Ltd., a private power company, filed the extortion case against Sheikh Hasina alleging that her co-accused former Minister Sheikh Fazlul Karim Selim forced him to pay Tk 3 crore extortion money in exchange of a power plant contract.

Sheikh Hasina, also the President of the Awami League (AL), was arrested in connection with the case on July 16 last year from her Dhanmondi residence.

Since then, she is detained in a temporary prison near Parliament building complex. Her younger sister, Sheikh Rehana, now living in London, and cousin, detained ex-Minister Fazlul Karim Selim, were made accused in the case.

Meanwhile, plaintiff Azam J Chowdhury yesterday had separate meetings with Energy Secretary and a Joint Secretary of the Drafting Section of Law Ministry at the Secretariat, the seat of the Government in Bangladesh.

"I have come here to meet my university day's friends," he told journalists without disclosing the contents of the meetings, which triggered speculations.

Welcome spring

Let there be flower or not, today is Basanta
(Spring).: Photo: Farhad Hossain

BSS, Dhaka

'Let there be flowers or not, today is Basanta', so wrote a Bengali poet on the first day of Falgun or Spring, signifying its traditional arrival in the minds and hearts of Bangladeshis.

Pahela Falgun begins today, bringing colour and festivities in the minds of people, lighting up the hearts of all, irrespective of age and life and living.

Young women, dressed in red-bordered yellow saris, flowers in hairs, welcoming the day signals the colour of spring with cuckoos singing songs of the season. It draws the picture of the colourful season's transition from dry, dull and drab winter.

But cuckoos have not yet heralded the arrival of spring as the lingering cool of winter with a late rally by a mild coldwave, preceded by some rains, kept birds away so far.

Met Office Sources said it may remain cool today as the mild coldwave sweeping Rajshahi Division would spread to the regions of Jessore, Kushtia, Tangail and Mymensingh.

Under its effect, the capital would also wake up with a cool morning, the sun shrouded by a veil of mists, the Met sources said. But the weather will remain dry.

Otherwise the cuckoos would have been in their mood a little early in parks and on branches of thin lines of trees in the city.

As usual young people on Dhaka University campus would celebrate the first day of spring, greeting it with songs and flowers.

The Jatiya Basanta Utsab Udjapan Parishad has arranged its traditional ceremonies to greet the spring with Basanta Utsab 1414.

The celebrations would begin with a day-long spring festival at 7 AM today under 'Bakul Tala' at the Institute of Fine Arts of Dhaka University.

There would be songs, dances, recitations, talks and exchange of greetings and gifts and presentations by indigenous people and songs by leading singers, organisers said.

Armed forces will play due role in holding polls in shortest possible time: Gen Moeen

Chief of Army Staff General Moeen U Ahmed handed
over the Certificates to the successful students at the
sixth Certificate Handover Ceremony of Military Institute of
Science & Technology (MIST) on Tuesday at Mirpur Hall,
Mirpur Cantonment. Photo: ISPR

UNB, Dhaka

Chief of Army Staff General Moeen U Ahmed yesterday said the armed forces would play an important role in fulfilling the caretaker government's commitment to hold free, fair, credible and meaningful election within the shortest possible time.

"The caretaker government is fully committed to holding free, fare, credible and meaningful election within the shortest possible time and the armed forces will have to play an important role in reaching the goal," he said.

Addressing as chief guest the 6th certificate-awarding ceremony of the Military Institute of Science and Technology (MIST) at Mirpur Cantonment, General Moeen urged the certificate-receiving graduates and postgraduates to use their intellectual attainments for development of the country with patriotism, honesty and sincerity.

A total of 176 students, including 51 military officers, were given certificates.

A total of 45 students of Civil Engineering Department, 35 of Computer Science and Engineering department, 43 from electrical, electronics and communications engineering department, 26 from mechanical engineering were awarded BSc in Engineering Degree, while 27 students of Management Studies Department were awarded MBA degree.

Mentioning the objective of establishing MIST, the Army Chief said the institute was established with a view to fulfilling technological education need of the Armed Forces as well as the nation.

"I am confident that your good results will contribute significantly to fulfilling nation's aspiration in the field of higher education," General Moeen said.

Among others, Chief of Naval Staff Vice-Admiral Sarwar Jahan Nizam, Chief of Air Staff Air Marshal SM Ziaur Rahman, Principal Staff Officer of the Armed Forces Division Lt Gen Masud Uddin Chowdhury, Commandant of MIST, senior military and civil officials were present.

ADB for energy price adjustment

A delegation of Asian Development Bank (ADB) led by
its Deputy Director General of its Private Sector Operation
Department S Chander holding a meeting with Finance Adviser
Dr AB Mirza Azizul Islam at the latter's office on Tuesday.
ADB Country Director H

Staff Reporter

The Asian Development Bank (ADB) yesterday asked the government to raise energy price and cut subsidy to the sector for bolstering the economy of the country. "Many of you may not like this proposal, but it is very important for Bangladesh economy," ADB country director Hua Du told newsmen after a meeting of the visiting ADB mission with Finance Adviser Dr Mirza Azizul Islam at his Finance Ministry office.

The mission chief said the government should increase the prices to ease the pressure on the economy brewing over the huge subsidies currently going to the energy sector.

Deputy director general of ADB's Private Sector Operation Department S. Chander led the three-member consultation mission on `Private Sector Project in Power and Energy'.

However, Hua Du, made it clear that it is government responsibility to find suitable time for energy price adjustment.

"The prices should be adjusted to some extent commensurate with the level of subsidy," she said, replying to a question.

The ADB country director said the subsidy policy should be transparent and the people, who could afford the price, should not enjoy the subsidy.

"I'm getting the subsidy; it's not right," she said, adding that the subsidy should go to a target group of people - the poor and the farmers.

She said the ADB mission had talks with the Finance Adviser on how the Bank could better work to support development of Bangladesh's energy sector - gas, power and coal.

ADB has already been involved in the power and gas sector development of the country while they are now interested to support the coal sub-sector development.

"We've discussed on a package in energy sector development project," Hua Du said.

Talking to reporters, Finance Adviser Dr Mirza Azizul Islam said they discussed about developing alternative source of energy amid scarce availability of gas to meet the increasing demand.

"We've only coal as alternative energy source," he said, adding that the government could not yet take decision in this regard as the coal policy, now under consideration of the government, could not be finalised yet.

Replying to a question, the Adviser said they have not had any discussion on adjusting the energy prices. "It might be her (Hua Du's) personal view."

He said the government would consider adjustment of the energy prices in appropriate time.

The power sector has received about $1.7 billion to improve the capacity and quality of power supply, and another 23 technical assistance grants totalling about $14.6 million.

ADB assisted Bangladesh in developing major gas fields (Titas, Habiganj and Bakhrabad), major transmission systems, and most of the distribution networks across the eastern part of the country, with over $676 million in loans and $5 million in technical assistance grants since 1975.

State-to-state trading: 5 lakh tonnes Indian rice to be imported without tender

Staff Reporter

After facing a long hurdle on importing rice from India through private channel the government yesterday adopted a proposal on direct import of 5 lakh tones of rice from India under a state-to-state agreement.

As per the proposal, approved by the Advisers Committee on Public

Purchase, this bulk import would take place without any tendering process as there is an agreement signed between the two governments to this effect, officials said.

Earlier, in view of the urgency of dealing with an unmanageable domestic food market, the Advisers Committee on Economic Affairs has given waiver to the proposal so that it would not need to follow any tendering process for such public purchase.

New Delhi had promised Dhaka to allow the import of 5 lakh tones of rice under the crash course, notwithstanding a recent ban on rice export from India.

Average purchase rate of the rice from the neighbouring country has been fixed at US$ 399 per metric ton and the rice will reach the country within 75 days in phases.

However, the import will take place through separate transport modes--sea, river, road and railway-and also separate rates set for the rice on the basis of its transport arrangement.

A 1.25-lakh-ton consignment will come through each of the transport ways. For the seaway transport, the price was fixed at US$ 414 per ton. For the river transport, the price was fixed at US$ 400 per ton while for the railway transport, the rate fixed at US$ 388 per ton and for land-road transport, the price was set at US$ 394 per ton.

Clarifying the arrangements, Finance Adviser Dr Mirza Azizul Islam, who chaired the purchase-committee meeting, told reporters that in order to save time, four modes of transportation were chosen for quick import.

As part of the steps for cooling the overheated market, the purchase committee also approved two other proposals for rice import through international and local tenders.

As per the proposals, 25,000 metric tons of non-bashmati rice will be imported through international tender at a rate of US$ 402 per ton while 42,000 metric tons of similar verity will be procured from local suppliers at prices between Tk 28,490 and Tk 29,790 per ton.

The committee approved another two proposals placed by the Industries Ministry for importing a total of 20,000 metric tons of phosphoric acid for two BCIC fertiliser factories in Chittagong.

Another proposal of the Industries Ministry for establishing an effluent-treatment plant at the proposed Saver Leather Industrial Complex was sent back for further review.

Following the Purchase Committee's meeting, the Advisers Committee on Economic Affairs gave a waiver to a proposal of the Energy Ministry for the import of 390,000 metric tons of refined petroleum from the United

Arab Emirates (UAE) without any tender.

This import of fuel will also take place under a state-to-state agreement.

CA writes to G8 leaders: Special trade treatment from rich sought

UNB, Dhaka

Chief Adviser Dr. Fakhruddin Ahmed has requested the leaders of the Group of 8 developed nations (G-8) to concede market-access benefits to all of the least-developed countries for all their products "without discrimination".

The head of caretaker government, as Chair of the Least Developed Countries (LDCs), made the request in a letter to the G-8 leaders, who are preparing for holding the next summit of the bloc as an arbiter in world economy.

Those to whom the letter was addressed are US President George W. Bush, Russian President Vladimir Putin, British Prime Minister Gordon Brown, French President Nicolas Sarkozy, Chancellor Angela Merkel of Germany, Canadian Prime Minister Stephen Harper, Japanese Prime Minister Yasuo Fukuda and Italian Prime Minister Romano Prodi. Disclosing this to the media Tuesday, Foreign Adviser Dr. Iftekhar Ahmed Chowdhury said the letter was intended to "sensitize the global economic leadership to the problems confronted by the least-developed countries".

The Foreign Adviser said Dr. Fakhruddin Ahmed in the letter pointed to the significant tariff and non-tariff barriers faced by LDC products on developed markets and asked for firm commitments on special and differential treatment for LDCs pending agreements on the Doha Round.

Dr. Iftekhar Chowdhury further stated that the Chief Adviser asked for these market-access benefits "for all products from all LDCs without discrimination".

In the letter he has also emphasized the need for "liberalization of Mode IV services", that is, movement of natural persons across frontiers.

"The issue of environmental vulnerability of most LDCs due to global warming and climate change was also underscored," the Foreign Adviser said, "as well as shocks from global economic downturn." The Chief Adviser has expressed the hope that these issues would receive due attention of the leaders in the forthcoming G-8 Summit in Tokyo, going to take place in July.

BCL demands proper treatment of Hasina

DU Correspondent

Bangladesh Chhatra League (BCL), student wing of Awami League, brought out a silent procession on the Dhaka University campus to drum up support for ensuring proper treatment of Sheikh Hasina, the chief patron of the organisation, who is ailing in jail.

The BCL activists of different halls of the University took part in the procession that started from Modhu`s canteen and ended at the Aparajeyo Bangla after marching the campus at 11:30am.

The organisation also demanded the release of Central General Secretary of the organisation Mahfuzul Haider Chowdhury (Roton) who is languishing in prison for almost a year.

BCL Joint Secretary Jasim Uddin, DU Unit President Sohel Rana Tipu and the General Secretary Sazzad Sakib Badsha, among others, took part in the procession.

Earlier, an organisation for the disabled formed a human chain in front of Aparajeyo Bangla to increase the quota for the disabled from 1 to 5 per cent as the 10 per cent people of the country are disabled.

The organisation submitted a memorandum to the Chief Adviser, Army Chief and the PSC Chairman to meet their demand from 28th BCS examination.

They also demanded to bring down the quota to 20 per cent.

Hannan Shah freed

Bdnews

Former prime minister Khaleda Zia's adviser ASM Hannan Shah was freed on bail yesterday night, his assistant said.

"My boss (Hannan Shah) was released at 8.00pm (from Narayanganj jail)," the BNP leader's assistant Babul Ahmed told bdnews24.com by phone.

The High Court Sunday granted three-month bail to the BNP leader who had been detained under emergency powers rules.

Justices Khademul Islam Chowdhury and Md Abdul Hye issued the bail order after Hannan Shah appealed for cancellation of a general diary.

The court also asked the Government to explain why the BNP leader should not be cleared of charges in the general diary filed for violating emergency powers rules.

Fatullah police rearrested Hannan Shah on Feb 7 at the gate of Narayanganj jail shortly after he was released in connection with a separate case.

A police sub-inspector filed the general diary against him with Fatullah Police Station on allegations that Hannan Shah had led a rally of about 200 party workers on the nearby Link Road.

Hannan Shah was earlier arrested on Nov 7 over an incident of violence near the late president Ziaur Rahman's grave at Sher-e-Bangla Nagar as BNP leaders marked National Revolution and Solidarity Day.

Bird flu update: Govt may seek Chinese help to combat bird flu

Chittagong Correspondent

The government is likely to seek Chinese assistance for better tackling the Avian Influenza Virus (AIV), key reason of flu among fowls, now spreading fast in the country and risking public health.

The H5N1--Avian Influenza Virus - claimed more than 200 lives in Asia, Europe and Middle East since 2003.

Probability of human infection by the virus grows faster as the prevalence of the virus is endemic particularly in the densely populated places.

Nearly half a million poultry birds have so far been culled in the country since the outbreak of the H5N1 virus in 2006. But no human being has been tested positive for the virus so far.

Informed livestock officials said that experts had been reviewing the most successful strategies formulated for best tackling the bird flu disaster among the neighbouring nations.

According to an expert the government may try replication of the Chinese strategy in fighting back the bird flu disaster as the credit of developing the most effective vaccine against H5N1 virus goes to the Chinese researchers.

The World Health Organisation (WHO) is learnt to have approved that Chinese bird flu vaccine was tested most effective against the H5N1 virus. The vaccine helped protect a vast segment of fowls and poultry when bird flu broke out in China two years ago.

The WHO finally decided to back up China's plan to vaccinate billions of poultry birds. Replication of Chinese model of vaccination here in Bangladesh, as experts think, will dramatically reduce the likelihood of bird flu spread.

Senior veterinarians say chickens usually die within 24 hours of being infected with H5N1 virus but, without signs of disease, the virus is hard to detect, control and also much easier to pass on to unsuspecting humans.

Pak envoy to Kabul abducted

Tariq Azizuddin

BBC Online

Two employees of Pakistan's atomic energy agency have been abducted in the country's restive north-western region abutting the Afghan border, police say.

The technicians went missing on the same day as Pakistan's ambassador to Afghanistan, Tariq Azizuddin, was reportedly abducted in the same region.

Azizuddin had been going overland from the city of Peshawar to Kabul.

Pakistan's north-west has witnessed fierce fighting between Islamist militants and government troops.

The pro-Taleban guerrillas declared a unilateral ceasefire last week after months of clashes with troops garrisoned there.

The workers from Pakistan's Atomic Energy Commission were on a mission to map mineral deposits in the mountains when they were kidnapped, police say.

"The technicians were going for some geological survey in the area when they were kidnapped at gunpoint along with their driver," Romail Akram, a senior police official, told Reuters news agency.

Their vehicle was intercepted by masked gunmen in the Dera Ismail Khan district, a stronghold of local militants.

"We don't know if the abductors were militants or members of some criminal gang," a local police chief, Akbar Nasir, told the AFP news agency.

He said efforts to locate the missing men had yet to yield any results.

Karzai concerned

Efforts are also continuing to locate the missing Pakistani envoy, Tariq Azizuddin.

Azizuddin went missing on Monday as he was travelling overland from the Pakistani city of Peshawar to the Afghan capital, Kabul.

Afghan President Hamid Karzai said he was certain the envoy had been abducted, adding: "I hope he is safe and I hope he will be released soon."

The Khyber region has long been a base for bandits and smugglers but has seen little of the unrest linked to an uprising by Islamist militants in adjoining areas.

Pro-Taleban militants recently kidnapped more than 200 Pakistani troops in the South Waziristan region.

The soldiers were reportedly released in a prisoner exchange with Pakistani authorities.

Pakistan's government has refused to confirm Mr Azizuddin has been kidnapped, saying only that he was missing.

The Pakistani embassy in Kabul said contact was lost with Mr Azizuddin at around 1045 local time (0645 GMT) on Monday.

There were reports on Pakistani television of his car going through a checkpoint without stopping.

An official of the Khyber agency tribal administration told the BBC that the ambassador went through the Khyber agency without taking a security escort that was waiting for him at the start of the tribal territory.

Correspondents say that such escorts are routinely sent with dignitaries and officials when they travel through tribal areas.

But some travellers dispense with them because they think it makes their movements more noticeable.

Azizuddin is said to have previously travelled to Kabul by road, often without the tribal security escort.

The route through the agency is believed to be the shortest and quickest way between Peshawar and Kabul.

Being the main trade route, the Khyber agency road is busy in daylight hours, supplying reinforcements and to the US and Nato forces in Afghanistan.

It is also one of the most protected of all the tribal roads, with a contingent of tribal police posted every 100m. The paramilitary Frontier Corps have a fort along the road.

Setting up of industry: RRC for shortening clearance time

Staff Reporter

The Regulatory Reform Commission (RRC) has recommended to cut short clearance time for industry establishment, both in zonal and environmental considerations.

Besides that, the RRC meeting yesterday also has recommended to issue both the clearances from a single office to save time as well as to avoid harassments.

Chairman RRC and former Adviser of Caretaker Government Dr Akbar Ali Khan disclosed this to the media at his office yesterday after the fourth RRC meting.

He said the Commission has discussed in details the environmental regulations for the establishment of new industry.

According to him, industry owners have to get zonal and environmental clearances from two different offices, which consume a lot of time as well as frustrates new investments.

"To create investment friendly environment in Bangladesh, we have recommended to issue both the clearances from a single office," said the RRC Chairman.

Besides that, the commission has also recommended reducing duration of clearance process. For this, all industries have been classified into threemajor categories, considering their level of threats to environment, he added.

"Most environmentally threatening 69 industries have been labelled 'Red'. Zonal and environmental clearance period for setting up such industries takes 90 days and 60 days accordingly. It was recommended to reduce this to 45 and 30 days," said Dr Akbar Ali Khan.

Beside that, total 26 industries were identified as less threatening and labelled Orange (A,B) during the meeting, he said.

Clearance duration for these orange (A,B) category was 60 days for zonal and 30 days for environmental. The commission has recommended reducing the time also to 30 and 15 days.

Sixty nine least environmentally threatening industries were listed and have been labelled 'Green'. Clearance period for this industry category was recommended 15 and three days accordingly, he added.

The RRC Chairman also thanked present Government for their immediate attention towards the RRC recommendations.

"It is a appreciative approach from Bangladesh Government as they are seriously considering each of our recommendations," he said.

As per our recommendations, authority has decided to publicise all Government gazettes through website from February 21, 2008. The website will be gradually upgraded, he added.

He also mentioned that the commission would undertake the NBR issues in their next official meeting.

Photo voter list legalised : Gazette notification in a day or two

Staff Reporter

With the approval of the Voter Roll Rules-2008 yesterday the voter listing rules have got legal cover from the Ministry of Law, Justice and Parliamentary Affairs as part of the preparation for the next general elections.

"Gazette of the rules will be notified within a day or two," said Election Commissioner Brig Gen (Retd) M Sakhawat Hussain while talking to journalists after emerging from a meeting with Adviser for Law Hassan Ariff on the rules.

The Commissioner, however, said it had not been legal to publish the draft voter lists until the rules were finalised.

The rules on voter listing rules for 2008 were approved in the meeting six months after an ordinance on voter listing was signed into law. Another Election Commissioner Sohul Hussain also attended the meeting.

Sakhawat Hussain said it was urgent to get the rules before holding the city corporation and municipality elections.

We have to appoint revising authority for voter list, publishing the draft, displaying those at concerned places, correcting and so on, he said.

About holding the meeting breaking the protocol, he said, "We went there willingly so the task of the rules gets momentum and brought the rules ourselves." He also reminded that they are passing through a significant period of state functioning where they could not sit idle if they want any of their tasks to be completed speedily.

Replying to a question, Sakhawat Hussain said that four crore voters had so far been registered throughout the country.