The New Nation - Internet Edition

Staff Reporter

The charge frame hearing in a Tk 3 crore graft case against former Prime Minister Sheikh Hasina in a Special Judge's Court was adjourned yesterday till February 19 as she could not appear in the Court due to indisposition.

The Anti-Corruption Commission had filed the graft case against her last year alleging that she took Tk 3 crore extortion money from two business firms in exchange of awarding three floating (barge-mounted) power plants when she was in power.

Earlier, on February 7, the Special Court, trying high-profile corruption suspects, located on the premises of Parliament, had deferred the hearing of the case since prosecution lawyers sought time to go through the documents.

The Court resumed its session at 10:30 am yesterday, Sheikh Hasina is also the President of the Awami League (AL).

However, another detained accused, former Power and Energy Secretary Dr Towfiq Elahi Chowdhury, was produced in the Court timely.

Judge M Firoz Alam informed the court about Sheikh Hasina'a sickness, quoting medical report submitted by the jail authority.

"Her physical condition is not good enough to attend court. Her blood pressure is fluctuating," says the report.

On hearing about the sickness of Sheikh Hasina, Barrister Shafique Ahmed, a top counsel for her, soon moved an application seeking her bail citing the High Court judgment (of February 6) quashing another extortion case against the detained AL President.

Elaborating on the judgment, Barrister Shafique told the Court that the High Court had declared the government action illegal in placing Azam J Chowdhury-filed case of extortion of Tk 3 crore against Hasina for trial under the Emergency Power Rules and quashed the entire trial proceedings.

Citing Article 111 of the Constitution, Barrister Shafique submitted that rulings declared by either division of the Supreme Court should be binding on all courts subordinate to it.

He further submitted, "Since the alleged barge-mounted power-plant case is of similar nature, so the case is not tenable in the light of the High Court verdict."

Besides, the High Court judgment declared ultra vires of the Constitution the EPR provision that revoked an accused of submitting application for seeking bail until the case is resolved.

The counsel for Hasina told the Court that his client is eligible for bail on three counts. Firstly, since the February 6 High Court judgment stands in operation, it has sway over other cases of similar nature.

Secondly, Dr Towfiq Elahi Chowdhury, a co-accused in the case, was freed on bail by the Supreme Court. And thirdly, Sheikh Hasina is sick.

Fixing February 19 as the next date for the indictment hearing, the Court said that he would also pass order on the bail prayer the same day.

On September 2 last year, Anti-Corruption Commission (ACC) Deputy Director Sabbir Hasan lodged the case with Tejgaon Police Station.

It was complained in the case that Hasina and others, "through mutual understanding and using their influence", had helped a foreign company and its local partners win a deal for setting up the 100MW barge-mounted power plant in Khulna. And, thus, they "deprived" the lowest bidder of being awarded the deal.

Incidentally, February 19 is also the last date set by the Appellate Division of the Supreme Court for the Government to file leave-to-appeal petition against the HC judgment in the other graft case against the ex-PM involving another power-plant deal.