Internet Edition. June 2, 2008, Updated: Bangladesh Time 12:00 AM 
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Hasina appears before court in Niko case: Spl court order on bail prayer June 5

Sheikh Hasina

Staff Reporter



Two detained former Prime Ministers-Begum Khaleda Zia and Sheikh Hasina-were produced before two Special Judge's Courts at the same building yesterday on separate charges of corruption that caused Tk 27,407.50 crore loss to the state, while awarding gas contract to a Canadian firm-the Niko Resources Ltd-during their rule.

Begum Zia, who is the Chairperson of BNP, was produced before the Special Judge's Court-9 of judge Khandaker Kamal Uzzaman and Sheikh Hasina, who is the President of Awami League AL), in the Special Judge's Court-2 of judge Amar Kumar Roy.

Both the Courts, trying high-profile graft cases, are set up on the premises of Parliament Building Complex on security ground. It was the first Court appearance for Begum Zia and also the two former Prime Ministers on the same day.

But Begum Zia and Sheikh Hasina, however, could not meet each other since they were taken to separate Courts of law. A massive security arrangement was taken in and around Parliament Complex to avert untoward incident during the charge hearing against the two top political leaders of the country yesterday.

Meanwhile, a High Court Division Bench comprising Justices Mohammad Abdur Rashid and M Ashfaqul Islam yesterday declared valid prosecution

of Sheikh Hasina in the Barge-mounted power-plant scam case. The High Court Bench, in its verdict ruled that the section related to the timeframe of the case proceedings is "directory, not mandatory", as consequence after the expiry of the timeframe is not stated specifically in the law.

According to the statement of the Niko scam cases, Begum Zia along with her co-accused were charged with incurring Tk 13,777 loss to the nation and Sheikh Hasina and her accomplices Tk 13,630.50 crore since they had allegedly awarded contracts to Niko by illegally declaring virgin gas fields dry during their rule.

According to the charges, those gas fields had over 2.50 billion cubic feet proven gas reserve.

Her detained co-accused former Law Minister Barrister Maudud Ahmed, ex-State Minister for Energy AKM Mosharraf Hossain, former acting Energy Secretary Shahidul Islam, One Group's managing director Gias Uddin Al Mamun, International Travel Corporation Chairman Selim Bhuiyan, former Secretary of BAPEX Shafiur Rahman, and ex-Director of BAPEX Mainul Huq were brought to the Special court complex amid tight security.

Begum Zia, arrested on September 3 last year in connection with GATCO graft case, termed the cases filed against her as false, baseless, concocted and malicious to destroy the nationalist forces.

Judge Khandaker Kamal Uzzaman set June 8 for charge hearing in the case, as the defence lawyers prayed for time on the plea that they could not yet gone through the case documents.

On a prayer, the court allowed the defence lawyers 40 minutes instead of one hour for legal consultations with Begum Zia.

Five lawyers-Khandaker Delwar Hossain, Abdur Rezzaque Khan, Sanaullah Mia, Khorshed Alam and Masud Talukdar-stood for Begum Zia, while Advocate Anisul Huq for the Anti-Corruption Commission (ACC). Begum Zia's lawyers had a 40-minutes meeting with her at a different room, as per permission of the Court.

On the other hand, the Special Judges Court of Amar Kumar Roy after fixed June 5 for order on bail prayer filed by Sheikh Hasina in connection with the Niko scam case.

After extensive legal arguments submitted by both the defence and the prosecution lawyers, fixed the date before hearing on charge framing in the case.

As the court resumed at 10:00am after detained Sheikh Hasina, Prof Rafiqul Islam, former state minister for energy and power, and its ex-secretary Dr Tawfique-e-Elahi Chowdhury were produced before the court amid tight security.

The prosecution lawyers vehemently opposed the AL Chief's bail prayer moved by a team of defence counsels led by Barrister Sahfique Ahmed.

The prosecution side argued that since the state of emergency is in place, there is no scope for entertaining the bail petition as section 19ga of the Emergency Power Rules (EPR) revokes the right to seek bail by an accused facing graft charges under 5(2) of the Anti-Corruption (Prevention) Act 1947.

Earlier, on application, the Court allowed the defence counsels to meet Sheikh Hasina at the sub-jail for legal consultation and to examine the seized material records in connection with the case.

Advocate Syed Rezaur Rahman, Sahara Khatun, Abdul Mannan Khan and Quamrul Islam appeared for Sheikh Hasina, while Chief Special Public Prosecutor Sharfuddin Khan Mukul and Syed Shameem Ahsan Habib stood for the Anti-Corruption Commission (ACC).

On December 9 last year, the ACC filed the case with Tejgaon Police Station against Hasina and others, accusing them of collaborating with one another and awarding gas-extraction contract at Chhatak, Kamta and Feni gas fields to the Canadian company, Niko Resources, by cheating to gain personal financial benefit.

The other charge-sheeted accused, now on the run, are former principal secretary to Prime Minister Dr SA Samad, former energy secretary M Akmal Hossain, former Petrobangla chairman Mosharraf Hossain and Vice-President (South Asia) of Niko Resources Bangladesh Ltd Kashem Sharif, former secretary of External Resources Division Dr AKM Moshiur Rahman and former director of Petrobangla (mines and mineral and operation) Sayed Anwarul Haque.

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