Internet Edition. May 9, 2008, Updated: Bangladesh Time 12:00 AM 
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Appellate Div overturns HC Judgement: Ajam Chy case revived: Hasina’s trial under EPR valid: Pre-1/11 offences can be tried under Emergency Rules

Supreme Court Building, Sheikh Hasina and Ajam J
Chowdhury

UNB, Dhaka



The Supreme Court yesterday ruled that the trial of detained former premier and Awami League president Sheikh Hasina under the Emergency Power Rules (EPR) in an extortion case was valid, overturning the High Court judgment that cancelled the trial proceedings halfway through.

Following yesterday's Supreme Court verdict, any case of an offence committed before the promulgation of the state of emergency can be tried under the EPR.

The SC ruling particularly cleared the way for case proceedings against high-profile corruption suspects like politicians, bureaucrats and businessmen booked under the ongoing purge in the interim period.

A 7-member full hierarchy of the Appellate Division of the Supreme Court, headed by Chief Justice M Ruhul Amin, passed the inflexible order amid tight security in and around the court, allowing yet another government appeal against High Court verdict relating to trial under the emergency rules.

On February 6, the High Court, upon a writ petition filed by Hasina, had declared illegal the government sanction placing the extortion case against her for trial under the EPR and quashed the entire trial proceedings.

The apex-court ruling removed the bar on conducting trial proceedings against Hasina in the Azam Chowdhury-filed extortion case, which was scrapped by the High Court.

Businessman Azam J Chowdhury filed the case at a time when there has been a purge under way against former ruling politicians following the January 11, 2007 changeover amid a political crisis over the issues of general election that was later cancelled.

Earlier on April 23, the Supreme Court had struck down a High Court ruling empowering itself with jurisdiction to dispose of bail petitions in criminal cases being tried under the EPR.

The SC ruling had shut the doors on many VIPs in politics, business and bureaucracy who are seeking bail after being caught under the emergency rules.

Besides, On March 6, the Supreme Court in its another ruling had stripped the High Court of jurisdiction to grant bail to any convicted appellant tried under the EPR.

Additional Attorney-General Salah Uddin Ahmed stood for the government while Barrister Rafique-ul Huq and Ajmalul Hossain, QC, appeared for Hasina.

Managing Director of East Coast Trading Pvt. Ltd Azam J Chowdhury filed the case of extortion of over Tk 2.99 crore with Gulshan police station on June 13 last year against Sheikh Hasina and her cousin and former health minister Sheikh Selim, who is also in custody. Later, the case was placed under the EPR.

Within five weeks after the filing of the case, Hasina was arrested on July 16 in connection with this case. Since then, she has been detained in a makeshift jail in the high-security parliament complex.

Police, after investigation, submitted charge-sheet to the CMM court against Hasina, her sister Sheikh Rehana, now living in the UK, and Sheikh Selim.

According to the allegations made in the case, the East Coast company got a work order to set up Siddhirganj Power Plant, but people of the then Prime Minister allegedly pressed the company for money and threatened to stop the work in case of non-compliance.

The complainant in his case alleged that he had paid the money by cheques on various dates as 'demanded by Sheikh Hasina'.

The scrapped case proceedings are now lying with the court of Dhaka metropolitan sessions judge.

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