Internet Edition. May 19, 2008, Updated: Bangladesh Time 12:00 AM 
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Mannan Bhuiyan, Shamsul surrender, sent to jail: Nizami, Anwar denied bail in High Court

Former BNP Secretary General Abdul Mannan Bhuiyan
and former minister M Shamsul Islam, were sent to jail after
surrendering to court yesterday while former minister MK
Anwar and Jamaat Ameer Maulana Motiur Rahman Nizami went to
High Court and filed petit

Staff Reporter



A special Dhaka court sent former secretary general of BNP, cabinet minister and reformist leader Abdul Mannan Bhuiyan and another former minister M Shamsul Islam to jail yesterday after their surrender in the GATCO scam case.

The Dhaka Metropolitan senior special judge Md Azizul Hoque passed the twin orders sending the BNP leaders to prison, within half an hour of each other.

The court asked the prison authorities to provide them with division status as per the jail code and proper medical care, in the afternoon amid suspense for the last few days over the fate of the bigwigs in the country's political arena.

Early in the day, the High Court rejected a bail petition of Jamaat-e-Islami leader and former minister Motiur Rahman Nizami in the same case.

Former minister MK Anwar withdrew his bail petition filed with the HC.

Shamsul Islam followed suit, after he failed to move the High Court for hearing his bail prayer, as the case has been placed under the unassailable Emergency Power Rules that deny bail. He was sent to jail at 4:40pm.

The court of judge Md Azizul Hoque last Thursday issued arrest warrants against 12 'absconding' accused people. Former ministers M Saifur Rahman, Mannan Bhuiyan, Nizami, Shamsul Islam, MK Anwar and Amir Khosru Mahmud Chowdhury were among them.

Saifur Rahman is now in Singapore and Amir Khosru Mahmud Chowdhury in the US, both have been described as fugitives in the case.

Joint forces arrested Khaleda and her son Arafat Rahman Koko with ties to the case on September 3 last year, in the same case amid a crackdown on former ruling politicians in the interim period.

Nizami filed a appeal with the Appellate Division challenging the HC verdict that turned down his bail petition. The apex court would hear his petition on May 20.

A pale-looking Bhuiyan arrived in the trial court at 3:20pm on a black pajero car Dhaka Metro 11-7227. He was wearing a white Pajama and Panjabi. He was accompanied by leaders of Jubo Dal Ali Akhter, Monir, Alam and Moinul. He carried three bags containing prayer mat, rosary and day to day necessities for himself.

Law enforcers ensured foolproof security within the court area at that time.

No senior lawyer loyal to the BNP was present in court to defend Bhuiyan.

Advocate Golam Mostafa Khan, backed by lawyers Iqbal Hossain and Gazi Mokhlesur Rahman, filed his surrender petition.

Advocate Mostafa told the court that the plaintiff did not bring any allegation against Bhuiyan but the investigation officer put his name on the chargesheet, being "influenced by higher authorities".

Bhuiyan has been suffering from heart disease, the lawyer claimed.

Some lawyers loyal to the Delwar-led faction of the BNP and BNP workers loyal to Bhuiyan scuffled on the court premises after the lawyers branded Bhuiyan an "agent."

Police used batons to disperse the troublemakers.

After nearly 30-minute stay in the court, he was sent to Dhaka Central Jail.

Shamsul Islam arrived in court at 4:20pm, shortly after Bhuiyan had been sent to jail.

During a brief hearing, the court advised the petitioners, who surrendered before it seeking bail, to surrender to the appropriate

court and pray for bail over there.

Barrister Rafique-ul Huq stood for the former Information Minister, Shamsul Islam, and former Agriculture Minister MK Anwar.

Talking to reporters, Barrister Rafique said, "I don't think that the Government has the courage to arrest them."

About 100 lawyers including Advocate Lutfe Alam, Sanaullah Mia, Masud Ahmed Talukder and Khorshed Alam were with him.

Shamsul Islam's lawyers appealed to the court seeking an order to provide the former minister with division in jail.

The lawyers said they went to the High Court to seek bail but their appeal was rejected.

They told the court that two different figures of lost money had been mentioned in the case and in the chargesheet.

"Besides, GATCO was still working in the country and the Government lauded its work," one of the lawyers said.

Earlier in the week, a two-member HC bench of justices Md Mozammel Hossain and Syed AB Mahmudul Haque had initially said it could not accept bail petitions submitted by Anwar and Shamsul Islam.

Following a recent Supreme Court ruling that even the higher courts cannot consider granting bail in EPR cases, such bail petitions cannot be accepted for hearing, the HC bench said Thursday.

Before leaving his Gulshan House at 2:45pm for surrendering to the court, Bhuiyan in his signed statement urged the BNP leaders and workers to unite under the leadership of their detained chairperson Khaleda Zia, who had sacked him as party secretary general a day before her arrest, as he took the reformist line following the January 11, 2007 changeover that kicked off a political rectification move.

The party-reform proposals mooted by Bhuiyan dethroned Khaleda as BNP chairperson, as a 'minus-two' political catchphrase was up in the air after the present Caretaker Government took over with military backing in the wake of a serious political crisis over the issues of election.

BNP fell apart following the expulsion on the question of the party reform as Begum Zia appointed former Chief Whip Khandaker Delwar Hossain as new Secretary General and the reformists formed a faction.

In a change of heart of late, Bhuiyan yesterday recognized Begum Zia as "Deshnetri" in his statement and said there is no alternative but to unite the nationalist forces under her leadership.

Bhuiyan, who looked composed, hoped BNP should be able to overcome any crisis if the party remains united. He hoped Begum Zia and other party leaders would be free soon.

The ACC filed the case on September 2 with Tejgaon Police Station alleging that GATCO's contract to run the container depot at Chittagong Port was illegal.

The case was brought under the emergency powers rules on September 17.

The case record shows that a tender was floated on March 1, 2003 to appoint a contractor for the container depots at Chittagong Port and Kamalapur Railway station.

The accused awarded the contract to GATCO although the company failed to live up to all the conditions.

It is also alleged that the government incurred more than Tk 1,000 crore in losses because of the GATCO deal.

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