The New Nation - Internet Edition

UNB, Dhaka

Charge hearing against detained former Prime Minister Sheikh Hasina and others accused of taking kickbacks from a barge-mounted power-plant deal kick-started Sunday at the special court trying high-profile corruption suspects.

When the special court in the parliament-bhaban complex resumed at 10:30 am, Judge M Firoz Alam, rejecting defence plea for further adjournment, allowed the Anti-Corruption Commission (ACC) Chief Special Public Prosecutor (CSPP) to open the case. CSPP Sharfuddin Khan Mukul claimed that it is a "fit and strong" case of an illegal gratification.

"So, framing charges against ex-PM Hasina and others is not difficult, as all documentary evidences since the initiation to approval of the Khulna barge-mounted power-plant deal are kept ready for making the allegation true in the eye of law," he told the court. Mukul accused Hasina of abusing official power of Prime Minister as public servant under section 161 of Bangladesh Penal Code. In support of his argument he quoted the relevant section of the penal code. It reads: 'Whoever, being or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain gratification, whatever, other than legal remuneration as a motive or reward for doing or forbearing to do any official act or for showing or for bearing to show, in exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person…shall be punished.' Mukul submitted that Wartsila Power Development Ltd Consortium and its partners Summit Group and United Group got the deal depriving the lowest bidder.

The former PM, Hasina, had received Tk 3 crore in kickbacks from the three companies since October 7, 1997 till November 24 that year in exchange for permission to set up the power plant, the ACC-appointed attorney alleged.

He further alleged that Hasina got eight cheques amounting to Tk 3 crore issued in the name of Nasreen Ahmed and two others which, is a clear case of offence under 161 of the Penal Code.

"Why the pay orders were given to Hasina is not the lookout of the prosecution-the concern of the prosecution is former PM received the same, which is a grave offence," Mukul said.

As the prosecution proposed framing charges, the defence counsel prayed for adjournment to prepare discharge petition. The court adjourned the hearing till March 13-halfway through the indictment hearings.

On September 2 last year, the Anti-Corruption Commission (ACC) filed the case, as a countrywide purge in the interim period has been underway since the January 11, 2007 changeover.

The anti-graft watchdog complained that Hasina, the then prime minister, and others in the nexus, through mutual understanding and use of influence, helped the foreign company and its local partners win the deal for setting up the 100MW power plant in Khulna by depriving the lowest bidder.

Also, the case statement says a few days before and after the deal, the three companies had paid Tk 3 crore as largesse, which was spent for buying a house with some land in Dhanmondi for Bangabandhu Memorial Trust set up and controlled by Hasina.

The co-accused include former power and energy secretary Dr Toufiq-e-Elahi Chowdhury, former Power Development Board (PDB) chairman Noor Uddin Mahmud Kamal, Managing Director of Summit Industries and Mercantile Corporation Private Ltd Aziz Khan and Director Farid Khan, and United Group Chairman Hasan Mahmud Raja and Director Abul Kalam Azad.

Among the 8 accused, the detained Awami League president and ex-PM, Hasina, and Dr Towfiq appeared in the court while the rest remained fugitive.