The New Nation - Internet Edition

UNB, Dhaka

A defence counsel yesterday contended that former Prime Minister Sheikh Hasina was implicated in the Mig-29 purchase graft case in gross violation of Article 31 of the Constitution that guarantees right to protection of law to every citizen.

"The case does not lie after the High Court ruling upon a writ petition that declared valid both the agreements relating to purchase of Mig-29 and Bangladesh-Russia Defence Technical Co-operation," Hasina's counsel Barrister Shafique Ahmed told the court while encountering the prosecution proposal for indicting her.

At first, the Bangladesh-Russia Defence Technical Cooperation Agreement was signed on February 9, 1999, said Shafique, adding that in the light of the pact the Mig-29 purchase deal was signed on June 28, 1999 "safeguarding country's sovereignty and national interest".

Barrister Shafique further pointed out that the Air Force had made a proposal to the Armed Forces Division about the need for buying the warplanes. Later on, several committees were formed for scrutiny and finalizing the proposal.

Terming 'mala fide' the revival of the case by the interim government, Shafique cited the High Court judgment delivered on March 14-15, 2000 that clearly viewed that both the agreements were made in accordance with the law. "So, the matter ends following the High Court judgment."

As the Dhaka Divisional Special Judge's court, relocated to the high-security parliament complex, resumed for charge hearing, Barrister Shafique put forward a copy of the HC judgment, as asked for.

The hearings remained inconclusive. The court was adjourned till July 8.

Earlier, the six other accused, now on bail, appeared in the court. They are former army chief Gen (retd) Mustafizur Rahman, former air force chief Air Marshal (Retd) Jamal Uddin Ahmed, retired defence secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhtar Maruf, retired defence joint-secretary Mohammad Hossain Serniabat and businessman Noor Ali.

Advocate Sahara Khatun represented Hasina as she was dispensed with personal attendance during trial proceedings for her treatment abroad.

On June 2, the Anti-Corruption Commission (ACC) prosecutor proposed framing charges against the Awami League president, Sheikh Hasina, and the six other accused.

According to the case filed with Tejgaon Police Station, the purchase of the Mig-29 aircraft caused a loss of Tk 700 crore to the state coffer.

Shortly after the BNP-led four-party alliance came to power, the now-defunct Bureau of Anti-Corruption filed the Mig-scam case in December 2001.

The incumbent caretaker government revived the stalled case through legal battle, as a clean-up drive against corruption is now underway.