The New Nation - Internet Edition

Staff Reporter

Defence lawyers yesterday filed a petition in a Court seeking exemption from personal appearance for recently released former Prime Minister Sheikh Hasina during hearings in an extortion case that was filed by businessman Azam J Chowdhury.

Her counsel, Advocate Sahara Khatun moved the prayer to Dhaka Metropolitan Sessions Judge's Court. Accepting the petition, Judge Md Ashraf Hossain fixed July 2 to give his decision on the matter. Sheikh Hasina, also the President of Awami League (AL), is now staying in the US for medical treatment.

In a related development, another Metropolitan Sessions Judge's Court yesterday deferred the charge hearing in the MiG-29 scam case against Sheikh Hasina to June 26.

Dhaka Divisional Special Judge Golam Mortuza Majumder, presiding over a Special Judge's Court on the premises of the high-security Parliament building complex, postponed the day's hearing upon a plea by the defence lawyers.

Lawyers for Sheikh Fazlul Karim Selim, Sheikh Hasina's cousin and co-accused in Azam J Chowdhury's extortion case, also sought for exempting him from personal appearance in the Court.

The Judge Md Ashraf Hossain said he would give his decision after examining the documents of the High Court in this case.

The High Court on February 6 cancelled the extortion case, filed by businessman Azam J Chowdhury, declaring illegal the inclusion of the case under emergency powers rules (EPR).

The Supreme Court has overruled the High Court order cancelling the case and the trial Court to proceed with the hearing.

The case statement alleged that the accused extorted about Tk 3 crore from the plaintiff in exchange, while awarding work order in a power plant project during Sheikh Hasina's term as the Prime Minister.

The AL chief was arrested from her Dhanmondi Sudha Sadan residence on July 16, and detained at a special prison-bungalow as she was shown arrested in the case, which was included under EPR the same day.

Sheikh Hasina has already been exempted from personal appearances in four separate graft cases against her, as she seeks medical treatment overseas.

The Government on June 11 issued a temporary release order for the AL President allowing her to go abroad. She went to the US the next day.

Judge Golam Mortuza Majumder of the Special Judge's Court deferred the charge hearing of Mig-29 scam case till June 26, when defence counsels told the Court that they could not participate in the hearing without senior lawyer Barrister Shafique Ahmed, who was busy in the High Court yesterday.

On June 11, Syed Rezaur Rahman, lawyer for the accused former Army Chief Gen Mustafizur Rahman, pleaded the Court to exempt his client from personal appearance in hearings.

Advocate Sahara Khatun was present in the Court Thursday on behalf of Sheikh Hasina, who is overseas at present seeking medical treatment.

Six other accused in the case, including Gen Mustafiz, were produced in Court.

The now-defunct Bureau of Anticorruption filed the graft case, involving the controversial purchase of eight MiG-29 warplanes, with Tejgaon police on Dec 11, 2001 during the tenure of BNP Chairperson Begum Khaleda Zia as the Prime Minister.

Seven people, including Sheikh Hasina, were accused in the case. It was alleged that during Sheikh Hasina's tenure as Prime Minister, the state incurred huge losses to the tune of Tk 700 crore because of the Mig-29 purchase deal.

Sheikh Hasina and other accused were charged on Jan 29, 2003, but the Court proceedings remained halted for years as an appeal was pending with the High Court.

Other accused in the case are former Air Force Chief Jamaluddin Ahmed, former Defence Secretary Syed Yusuf Hossain, former Joint Secretary (Defence) Mohammad Hossain Sherniabat, retired Air Commodore Mirza Akhtar Maruf and Unique Group proprietor businessman Noor Ali.