The New Nation - Internet Edition

UNB, Dhaka

The hearing on the discharge petition encountering prosecution proposal for framing charges against detained ex-PM Sheikh Hasina in the barge-mounted power-plant case was again held back until March 17 as the prosecution failed to produce the principal accused in the dock for her illness.

The Awami League chief has been admitted into the Square Hospital, under jail custody, and physicians have advised her critical ear treatment in the USA.

When the special court set up at the high-security parliament-bhaban complex resumed yesterday at 9:50 am Barrister Shafique Ahmed, a top counsel for Hasina, citing rules, declined to move the discharge petition without the presence of his client.

The court of Judge M Firoz Alam sought opinion of the Chief Special Public Prosecutor (CSPP), as it cannot adjourn the hearing suo moto.

CSPP Sharfuddin Khan Mukul submitted that there is no hard and fast rule that at this stage defence discharge petition cannot be moved in the absence of the accused. "But the presence of an accused is mandatory during the framing of charge by the court," he argued.

Defence counsel Barrister Shafique crossed swords with the prosecution, saying that there is no scope for considering further court proceeding without following the relevant law under the CrPC for transparency of justice-delivery process. "Law should be interpreted with its letter and spirit."

During the exchanges, a jail official submitted a medical report before the court.

The Judge read out the text of the report that says Hasina, who is undergoing treatment at the Square Hospital, is not medically fully ready to appear in court.

"So the hearing is deferred to March 17," says the court order.

Prior to adjourning the court, Barrister Shafique Ahmed submitted an application for permitting Hasina's personal physicians Prof Syed Modasser Ali and Prof Abdullah to see her at the hospital for medical consultation as they were denied access to see her Wednesday.