The New Nation - Internet Edition

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.