The New Nation - Internet Edition

UNB, Dhaka

The top counsel for detained former premier Sheikh Hasina yesterday opposed prosecution motion for indicting her in the barge-mounted power-plant case, saying that she has been targeted by a powerful vested quarter to destroy her political career forever on fictitious graft charges.

However, the charge hearing in its second part was adjourned abruptly as Hasina fell ill in the dock after listening to the submissions by her counsel for an hour in favour of her discharge from the case.

As the submission by Barrister Shafique Ahmed remained inconclusive, the court adjourned the hearing until April 7.

The defence attorney termed the graft charge involving the power-plant deal during her tenure as PM "false, concocted and baseless".

Moving a discharge petition, Barrister Shafique told the special court that, on a plain reading and scrutiny of the First Information Report (FIR), it comes clear that no case has been disclosed or made out against Hasina under section 161/163/164/165/165A/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act and the Emergency Power Rules (EPR).

"Ex-facie no case is maintainable against her; but even then, the EPR has been mechanically entertained in utter disregard of law and with an ulterior motive," the counsel pleaded.

Barrister Shafique submitted that there is no material whatsoever to show that any gratification or money or pecuniary advantage was ever received by then Prime Minister Hasina either for herself or for the Bangabandhu Sheikh Mujibur Rahman Memorial Trust or she aided or abetted the commission of any offence.

He argued that the informant lodged the FIR with Tejgaon police station on 2.9.2007 after about a decade of the alleged commission of the offence although he had ample opportunity to lodge the FIR during BNP-led 4-party alliance rule (2001-2007).

"Moreover," he went on, "the informant has failed to explain the cause of inordinate delay in lodging the FIR after the successive governments have been established."

Barrister Shafique told the court that prima facie there is no material on record to show that Hasina was in any way connected with the alleged offence. Since there is no cogent and credible material and no sufficient ground for proceeding against her, she should be discharged from the proceeding of the case.

He further argued that a plain reading of the FIR, charge sheet, statements of prosecution witnesses and the charge proposed by the prosecution no overt or covert act of taking gratification attracting the ingredients thereof has been alleged against Hasina, also president of Awami League.

"Thus it can be readily perceived that my client does not come within the four corners of the ambit of taking gratification by any stretch of imaginationt And, as such, she cannot be charged as proposed and therefore she should be discharged."

Citing section 241A of the Criminal Procedure Code (CrPC), the barrister submitted that the court must evaluate all the material and record of the case and discharge the accused, if there be no sufficient grounds for proceeding against her, so that frivolous cases do not occupy the time of the court and innocent persons are not subjected to the rigours and expenses of a full-scale criminal trial.

Today the court resumed at 9:47 am, five minutes after the principal accused, Hasina, was brought before the court from the nearby makeshift sub-jail at the parliament-bhaban complex amid tight security.

Earlier, the special court judge, M Firoz Alam, summarily rejected a defence plea for adjournment of hearing of the discharge petition until Hasina recovers fully.

On March 9, the prosecution proposed framing charge against Hasina and other accused in the Khulna barge-mounted power- plant case.

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, had 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, Hasina and Dr Towfiq, both in custody, appeared in the court while the rest remained fugitive.