The New Nation - Internet Edition

UNB, Dhaka

The High Court yesterday summarily rejected a writ petition filed by ex-Prime Minister Sheikh Hasina challenging the validity of the Mig-29 warplane purchase scam case against her, clearing the way for her trial to go on.

The case is now pending with Dhaka divisional special judge's court relocated to the high-security parliament complex. The court has set August 12 for order whether to frame charges against Hasina and other co-accused after closing the arguments and counter-arguments by the Anti-Corruption Commission Prosecutor and the defence counsel.

A Division Bench comprising Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed passed the order after a five-day staggered admissibility hearing on the writ petition.

Rejecting the petition, the HC Bench observed that the petition is "not maintainable"…. The does not want to reopen the "tested case" as the issue of quashing the case was earlier resolved by the Appellate Division of the Supreme Court.

The apex court upheld the HC judgment that had turned down the petition for quashing the case, court sources said.

The now-defunct Bureau of Anti-Corruption (BAC) filed the case in December 2001 against Hasina, former army chief Lt Gen (retd) Mustafizur Rahman, former air chief Air Marshal Jamal Uddin Ahmed, former Defense Secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhtar Maroof, Defense Joint Secretary (retd) Mohammad Hossain Serniabat and businessman Noor Ali.

While Hasina was Prime Minister (1996-2001), eight Russian-made fighter planes of the brand were procured for Bangladesh Air Force.

Immediate after the BNP-led 4-party alliance government had come to power, the BAC filed the case. According to FIR, the government incurred a loss of Tk 700 crore on account of the warplane purchase.

The longstanding case remained dormant following a High Court order upon petitions filed by the accused persons for quashing the case.

The army-backed caretaker government that has waged war on corruption allegedly committed during the political regimes revived the case through legal battle, as a purge is now on stream.

Barrister Shafique Ahmed assisted by Barrister Fazle Noor Tapas appeared for Hasina while Additional Attorney General Mansur Habib for the state.