The New Nation - Internet Edition

SC stays HC verdict

Govt appeal accepted by Appellate Division: Trial proceedings of the case also stayed

Staff Reporter

The Appellate Division of the Supreme Court yesterday accepted the government's leave to appeal against the High Court judgement in an extortion case against former prime minister Sheikh Hasina.

At the same time, the Appellate Division stayed the operation of the High Court judgement stalling the trial of an extortion case against Awami League chief Sheikh Hasina under the Emergency Power Rules.

On the other hand, a special court at parliament complex yesterday rejected the bail prayer of Sheikh Hasina in barge-mounted power plant graft case filed by the Anti-Corruption Commission.

A six-member Appellate Division bench, headed by Chief Justice Mohammad Ruhul Amin, gave the order at about 11:45am yesterday accepting the government's leave to appeal against the High Court judgement in the extortion case against Sheikh Hasina filed by businessman Azam J Chowdhury. In its order, the apex court also fixed March 16 for the hearing of the government appeal, which has to be filed in the meantime.

However, the Appellate Division stayed the trial proceedings of the Tk 2.99 crore extortion case at the lower court until the government appeal is disposed of.

Filed by businessmen Azam J Chowdhury amid the ongoing drive against corruption, the case is now pending with Dhaka Metropolitan Sessions Judge's court relocated to the high-security parliament-building complex halfway through the trial.

The trial proceedings have been stalled since the delivery of the High Court judgment. The formal trial began on January 30 with deposition by the complainant, Azam J Chowdhury, managing director of East Coast Trading Pvt Ltd.

The graft case was filed on June 13 last year, accusing Hasina and her cousin detained former health minister Sheikh Fazlul Karim Selim of taking kickbacks on a power-plant deal. Later, Hasina'a younger sister, Sheikh Rehana, living in London, was also implicated in the case after police investigations.

A month after the filing of the case, the former Prime Minister was arrested on July 16 and sent to jail after she was denied bail by a metropolitan magistrate court of Dhaka.

The apex court passed the orders today after hearing both sides at length in two consecutive days amid extraordinary security measures.

On February 6, the High Court, upon a writ petition filed by the detained Awami League president had declared 'illegal' government sanction in placing the extortion case against her for trying under the Emergency Power Rules (EPR) and quashed the entire trial proceedings.

Following yersterday's apex court orders, both the contesting parties expressed their satisfaction.

As the court orders came, Barrister Rafique-ul Huq, the principal counsel for Hasina, told reporters that they were happy that the trial proceedings against his client in the lower court would remain stalled until disposal of the government appeal.

On the other hand, Additional Attorney General Salah Uddin Ahmed, heaving a sigh of relief, said: "The apex court order cleared the way for the prosecution to go ahead in connection with the proceedings of other corruption cases brought under the EPR."

Stringent security measures were taken at the entire Supreme Court area yesterday. Apart from the plainclothed policemen, armed police and BDR personnel were deployed at the main entrance of the Supreme Court.

Meanwhile, a special court trying high-profile corruption suspects yesterday denied bail to detained former Prime Minister Sheikh Hasina in the barge-mounted power- plant graft case filed by the Anti-Corruption Commission.

Without giving any reasonable ground, Judge M Firoz Alam rejected Hasina'a prayer for bail.

"I don't find any ground for considering her prayer at this stage of charge hearing, so the prayer is rejected," Judge Alam said in the court order.

Besides, the special court, set up at the high-security parliament-bhaban complex, following a time prayer moved by Hasina's lawyer Quamrul Islam, held back for five days the commencement of charge hearing.

The court again fixed March 3 for the indictment hearing in this case, one of a number of graft cases she is facing in the interim period.

On Sept 2 last year, the Anti-Corruption Commission (ACC) filed the case. It complained that the ex-PM and other accused through mutual understanding and use of influence helped a foreign company and its local partners win a deal for setting up a barge-mounted 100MW power plant in Khulna, depriving the lowest bidder.

The court resumed at 9:45 am after the prosecution brought the detained former premier and Awami League president and ex-Power and Energy secretary Dr Towfiq-e-Elahi Chowdhury in the dock.

Later, the court, on prayer, allowed the counsel for Hasina to consult her in connection with the case for half an hour in the courtroom.

Hasina, while conferring with her lawyers, made oblique remarks on the interim government for what she said its "double-standard" role.

"Those whitened black money are roaming around in the fresh air while we, who do not have money, are languishing in jail," she was quoted by one lawyer as saying.

The ailing Awami president alleged to her lawyers that she was taken before the medical board "in the name of treatment merely for an eyewash, as they did not ask me about my health complications".