The New Nation - Internet Edition

UNB, Dhaka

Backing a prosecution plea, the divisional special judge yesterday granted bail for six days to detained former army chief Gen (retd) Mustafizur Rahman in the Mig-29 warplane purchase graft case.

Following a prayer filed by Gen Mustafiz for seeking a regular bail, Judge Golam Murtoza Majumder passed the interim order and fixed June 2 as the next date for charge hearing in the case, in which former PM Sheikh Hasina is the principal accused.

As the court, relocated to the high-security parliament complex, resumed yesterday at 9:45am, Syed Rezaur Rahman, the counsel for Mustafiz, moved a petition seeking regular bail.

On May 20, the court termed Mustafiz' nonappearance 'willful' act and cancelled his bail and issued arrest warrant against him. Following the court order police arrested Gen (retd) Mustafiz at a city hospital where he had been undergoing treatment.

He, however, is still being treated at the Apollo Hospitals at Bashundhara in the city under police custody.

He submitted that the detained former army chief, suffering from heart disease, was produced before the court with the help of stretcher, as he even could not sit in the wheelchair. Earlier, an ambulance amid tight security brought him in.

The counsel told the court his client is not physically fit to stand trial. "If the court proceeds for hearing the charge, even-handed justice would be denied," he said.

After a brief submission by the defence counsel, the court gave the floor to the prosecution.

Keeping away the defence petition, Chief Special Public Prosecutor Sharfuddin Khan Mukul proposed interim bail until the next date of the indictment hearing.

The court also disposed of two petitions filed by the defense counsel.

It ordered the jail authorities to allow five lawyers to meet detained Awami League president Sheikh Hasina in the sub-jail for a 5-hour consultation with her in connection with the Mig-29 graft case.

The court also allowed the defence to browse relevant papers and documents in connection with the case for preparation against the charge hearing.

Earlier, the detained principal accused, former Prime Minister and Awami League chief Sheikh Hasina, appeared in the court at 9:40am.

The five other co-accused now on bail were also present. They are former airforce chief Jamaluddin Ahmed, former defence secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhter Maruf and former joint secretary Mohammad Hossain Serniabat and business tycoon Noor Ali. 2008

According to the case filed with Tejgaon Police Station against Hasina and the others, including four top defence officials, the purchase of eight MiG-29 fighter jets during the tenure of the Awami League government caused a loss of Tk 700 crore to the public exchequer.

Inspector Abdullah Al Zahid of the now-defunct Bureau of Anti-Corruption submitted the charge sheet to Chief Metropolitan Magistrate's Court of Dhaka on December 11, 2001, showing 40 persons as prosecution witnesses.