The New Nation - Internet Edition

Convicts under Emergency Rules can’t contest polls: Laws equally applicable to Khaleda, Hasina, says Sohul

Staff Reporter

There is still no bar for two former prime ministers-Begum Khaleda Zia and Sheikh Hasina-to contest the forthcoming general elections since they have not yet been convicted in the corruption cases filed against them, said an Election Commissioner.

Talking to reporters at his office yesterday Election Commissioner Muhammad Sohul Hussain, however, said that had they been convicted under the emergency powers rules they would have been ineligible to contest elections even they filed appeal against the conviction.

"If convicted under the emergency rules during the current purge, any aspirant will be ineligible to contest elections even if they file appeal with the higher court against the trial court verdict. "No matter whether it comes to two leaders (Khaleda and Hasina), since the law equally applies to all," he said.

The Election Commissioner said anybody convicted for more than two years under conventional law, and his or her appeal not granted, is disqualified to contest the elections.

His comments came following the Chief Adviser's interview with the Time Magazine in which he said allowing or barring the two former prime ministers from the polls depends solely on the Election Commission (EC). According to the Constitution and the electoral laws, convicts handed down two or more years' jail term may be barred from the polls.

Replying to a question on lifting the emergency, Sohul Hussain said relaxing or lifting the emergency depends solely on the Caretaker Government. He hoped that all restrictions would be lifted to facilitate smooth campaigning prior to the elections.

The Election Commissioner further said if the political parties inform the EC of their problems in carrying out election activities due to emergency, the commission would then tell the government to relax it.

Replying to another question he said all objections should be heard and resolved through the intervention of the court.

Asked whether Begum Zia would be able to contest the elections though she is yet register her name in the voter list, Sohul Hussain said if she (Khaleda) wants to participate in the polls, she must enroll as a voter before the election schedules are announced.

About the fate of loan defaulters, he said the EC has evolved a way to rapidly identify the defaulters during the scrutiny of their nomination papers to screen them out.

"We'll tell Bangladesh Bank to ask its branches across the country to make a list of the defaulters who are likely to contest the upcoming elections so that the defaulters could be rapidly identified during the scrutiny of their nomination papers," he said.

Meanwhile, Election Commissioner Brig Gen (Retd) M Shakhawat Hossain told reporters that those who exchanged Eid greetings through pasting their colorful posters in a veiled campaign would be considered transgressors of the electoral rules.

He said the Election Commission would send notice (letters) to the deputy Commissioners, superintendents of Police and the election officials concerned across the country to make a list of those people who published the colorful posters for exchanging the Eid compliments.

ACC chargesheets Khaleda, 10 ex-ministers

Khaleda Zia

Court Correspondent

Anti-Corruption Commission (ACC) yesterday submitted charge-sheet to the Chief Metropolitan Magistrate (CMM) Court of Dhaka against former Prime Minister Khaleda Zia, 10 former ministers of her cabinet and 5 others in the graft case filed in connection with the Barapukuria coal-mine on February 26, this year.

Of the 16 accused Begum Khaleda Zia, former minister M K Anwar, M Shamsul Islam and Abdul Mannan Bhuiyan were earlier enlarged on bail in the case while the complainant and ACC Assistant Director Shamsul Alam sought order for showing arrest against former minister detained Dr Khandaker Mosharraf Hossain and detained Altaf Hossain Chowdhury. Besides, the complainant sought warrant of arrest against other 10 accused. Five of them are former ministers M Saifur Rahman, Barrister Aminul Haque, A K M Mosharraf Hossain of BNP and Ali Ahsan Mohammat Mujahid and Mowlana Motiur Rahman Nizami of Jamaat-e-Islami Bangladesh. Five others are former acting secretary of the ministry of energy and mineral resources Nazrul Islam, former chairman of Petrobangla SR Osmani, former Petrobangla Director Mainul Ahsan, former managing director of Barapukuria Coal Mine Company Limited (BCMCL) Sirajul Islam and Hosaf Group Chairman Moazzem Hossain.

Thirty-four persons were made witness in the case, Abul Kashem Fakir, ACC deputy director submitted the charge sheet Sunday at 6 PM accusing the former ministers and bureaucrats of misappropriating Taka 158,71,26,343.22 causing loss to the country's exchequer by awarding the contract of production, management and maintenance of the Barapukuria Cola Mine in Dinajpur to the highest bidder Chinese company CMC.

The ACC in the first information report (FIR) filed with Shahbagh Police Station of the city accused 11 former ministers and 5 others of misappropriation of money through misuse of power, either for their own benefit or for the benefit of others.

After filing the case ACC Deputy Director Manirul Haque was made investigation officer (IO) and he submitted his report in mid-June after completion of his investigation. But the ACC ordered re-investigation and Abul Kashem Fakir was made IO to re-investigate the high-profile case.

This is the third charge sheet against the immediate-past premier Khaleda Zia and earlier two charge sheets have been submitted against her with others in Gatco and Niko scam cases. Three Chinese firms took part in the bid, of them Shandong Ludi Consortium was lowest bidder and Suju Coal Mining Group Consortium the second lowest, while China National Machinery Import and Export Corporation (CMC) was the highest bidder.

Shandong Ludi Consortium had quoted Taka 335 crore for the contract, but the contract was given to CMC, who quoted Taka 483.79 crore, Taka 148.79 crore more than the lowest bidder.

The case was filed under Sections 409/406/109/419 and 420 of the Penal Code and Section 5(2) of the Corruption of Prevention Act 1947.

Palin calls Obama terrorist-accomplice

Sarah Palin

BBC Online

US Republican vice-presidential nominee Sarah Palin has accused the Democratic presidential candidate, Barack Obama, of associating with terrorists.

She said he had been "palling around" with an ex-member of US-based militant group Weather Underground, which opposed the Vietnam War in the 1960s. Obama once served on a charity board with a member of the group, but he has denounced its activities. A Democratic spokesman accused the Republicans of gutter politics.

"What's clear is that John McCain and Sarah Palin would rather spend their time tearing down Barack Obama than laying out a plan to build up our economy," Hari Sevugan said.

Commentators say Mrs Palin's attack forms part of a broader Republican strategy to attack Obama's character.

Speaking to supporters in Colorado and later in a Los Angeles suburb, Alaska Governor Palin said the time had come to take the gloves off.

Quoting a New York Times article, she attacked Senator Obama over his link to Bill Ayers, a founder of the Weather Underground, which waged a violent campaign against the Vietnam War. The group was blamed for a number of bombings in the US in the 1960s.

Mrs Palin described Obama as someone who saw the US "as being so imperfectt he is palling around with terrorists who would target their own country".

Meanwhile, viewing figures show a record 69.9 million people tuned in to watch Mrs Palin take part in Thursday's televised vice-presidential debate with Democratic nominee Joe Biden. Republican US presidential candidate John McCain has pulled his staff out of Michigan, conceding a key battleground state to Democrat rival Barack Obama. The campaign team said it would stop advertising in the state, and McCain cancelled a planned visit next week.

Campaign officials said they wanted to concentrate on states he had a better chance of winning.But analysts say it is a blow to the McCain camp, which had fought hard to return the state to the Republicans.

The overall environment we face is probably the worst environment for any Republican in 35 years Mike DuHaime, political director, McCain campaign.

The Democrats won the state only narrowly at the last election, and McCain had a strong showing in polls early in the campaign.

Gun attack on city hotel: 6 injured

RAB members on patrol in front of Western Garden, a
residential hotel, at Karwan Bazar in the city after the gun
attack at the hotel yesterday. NN photo

UNB, Dhaka

Six people were critically injured in a gun attack on a hotel in the city's Karwan Bazar area on Sunday morning.

Police said gunmen, numbering 8-10, stormed into the hotel, Western Garden, at about 11.25 am and started spraying bullets indiscriminately, leaving four of its staff injured.

As local people rushed to the hotel hearing the gunshots, the terrorists opened fire on them too and fled the scene. Two garment factory workers, passing by the area during the gun attack, also suffered bullet wounds.

The injured hotel men were identified as manager Abdul Hakim, 37, boys Suman, 23, and Faruk, 26, and security guard M Babul, 42. The injured pedestrians are garment factory workers M Alam, 22, and Saidul Islam, 25.

The injured were admitted to Dhaka Medical College Hospital.

Police suspected that the gunmen made the attack as their demand for toll went unheeded.

Wall Street collapse: Bangladesh may be affected

Pulack Ghatack

The United States' financial turbulence and the subsequent turmoil in the developed world is expected to hit Bangladesh economy mildly but would hit the confidence in the prevailing economic system hard.

The International Monetary Fund has described the ongoing financial crisis as "the most dangerous shock to the financial sector since the 1930s" and said, "US may face a recession from the ongoing financial turbulence."

However, experts are optimistic to rule out serious impact of global financial crisis in Bangladesh immediately but suggested more regulation on economy rather than pursuing free-marketism recklessly.

The US crisis in the long run will certainly affect Bangladesh economy in different ways, though not heavily, four leading economists of the country told the New Nation yesterday.

They said the US crisis would also shake the confidence on free market mechanism worldwide and would stress the importance of regulation and more transparency and accountability in economic system.

Eminent economist Prof Muzaffer Ahmad said that impact of US crisis would not hit Bangladesh hard because this economy is mostly based on domestic sectors.

Impact on apparel sector, the main exportable item, would also not be severe as the country exports less-value items.

The seasoned economist does not see any severe consequence of US fall on manpower export of Bangladesh. "We can overcome any negative impact by developing skills of our people," he said.

Most of Bangladesh's remittances come from the Middle East countries that are not affected by the US turmoil.

About the global economic crisis he said, "Deregulations in the name of market economy was a wrong. United States also now admits it.

Prof Muzaffer suggested the government policy makers not to rely on unbridled market economy.

"We need strong regulatory system. Transparency and accountability should be exacerbated."

Noted economist Dr Atiur Rahman said, the US crisis would not create a big impact on our export.

"Manpower export may fall in the second round, if the crisis leads to a global recession," he said.

Financial system of Bangladesh is expected to remain unhurt as our banks and financial institutions are not so globalised, the economists said.

If any bank has investment in foreign share markets it should be cautious, Dr Atiur said.

He said that US would be able to absorb the primary shock. But its long-time impact and possibility of a consequent global recession was still uncertain.

Executive Director of the Centre for Policy Dialogue Dr Mustafizur Rahman said that it was not clear whether this crisis would lead the US economy towards recession or would push a global recession.

But he thinks that the US crisis would create impact in five places of Bangladesh economy.

"It will not be dangerous for export of Bangladesh but will slow the export growth," he said adding Taka would become stronger than US dollar resulting in less competitiveness of exportable items.

US willingness and capability for aid would decline, for they will mind to rescue their domestic economy. The bailout bill that passed in the US Senate on Saturday would decline their encouragements for aid.

Thirdly, he said, US investment would fall, Fourthly, they would pursue a more protectionist policy at WTO which would affect Bangladesh and some others negatively.

Impact on manpower export would depend on the depth of recession, which is yet to be ascertained, Prof Mustafiz said.

He said, "This is certainly to create a crisis of confidence in market economy. They preached us liberalisation. Now they are saying that market fundamentalism is not good."

"This debacle in the US economy shows us distinctly that regulatory and oversight mechanisms should be strengthened," he added.

Prof Anu Muhammed said the US problem might hit Bangladesh export directly as demand of the consumers will fall.

He said, "The myth of efficiency of market economy and capitalist system may fade away with it. US authoritarianism on others is expected to diminish with it."

Meanwhile, Finance and Planning Adviser Dr Mirza Azizul Islam recently said the country's economy, having no major stress at present, is unlikely to be affected largely due to the near recession in the United States and elsewhere.

"This is because we're mostly dependent on the multilateral donors, more than what we're dependent on the bilateral donors," he explained.

Meanwhile, Bangladesh Bank recently pulled its foreign currency investment out of different risky ventures in the face of a financial crisis in the US and some other parts of the world.

Apparently alarmed by the turmoil, a high-powered committee headed by a deputy governor of the BB started monitoring the situation on a daily basis instead of every 15 days.

The central bank's forex investment is estimated at around $5 billion. "There is no risk as the investment has been made cautiously," an official of the central bank said.

The BB has investments in some institutions such as Wachovia Corp, JP Morgan and a few mortgage companies in the US. Bangladesh Bank has no investment in badly-affected Lehman Brothers, it is learnt.

The central bank has invested 45 percent of its forex holdings in the US dollar, which was 26 percent a couple of months ago.

Frequent power cuts hit productivity

Syful Islam

Frequent power cut in the industrial units is decreasing the production level resulting huge losses, stakeholders say.

The overall electricity supply situation to the industrial sector worsened in the recent days especially after the takeover by the caretaker government.

Besides, the compulsory stoppage of electricity once a week declared by the government made the situation worst. The government made the stoppage of electricity to industrial units once a week on the pretext that the supply would be better on rest of the six days of the week.

Total monthly power failures of a factory during the year 2008 was as follows:

Year 2008Year 2008

No of times power failedNo of times power failed Total hours lostTotal hours lost

January January 76 76 37 37

FebruaryFebruary 76 76 36 36

MarchMarch 114 114 62 62

April April 155 155 115 115

MayMay 197 197 128 128

JuneJune 173 173 112 112

July July 174 174 120 120

AugustAugust 169 169 112 112

September September 207 207 146 146

Monthly average:Monthly average: 149 149 96 96

But contrarily the power supply started worsening since the once a week stoppage measure.

"The weekly closure of factories in no way helped smooth power supply, rather pushed all industrial units to a lower production," said Shahedul Islam (Helal), Chairman, Export Wing of Bangladesh Plastic Goods Manufacturers and Exporters Association (BPGMEA).

According to a finding, one plastic factory in Siddhirganj, Narayangonj faced an average power failure of 149 times per month during the last 9 months. The factory was without electricity 96 hours per month. Besides, it was forced to keep closed once a week due to the government decision.

Factory owner says the situation has been continuously worsening as the number of power cut rose to 207 times in September from 76 times in January 2008. Shahedul Islam (Helal) said if the power cuts continue to increase in the proportion of the last 9 months the factory will have no option but to close its operation.

"These frequent power cuts causes huge production wastage resulting huge sum of idle wages payment by the industries increasing the operating cost, Helal said.

Helal urged the government to run a thorough investigation in the matter of frequent power cut demanding immediate withdrawal of the compulsory closure of factories once a week.

"The electricity department should be instructed to give a schedule of their daily power cuts in advance to the industries so that production planning can be done accordingly."

Terming plastic sector as power sensitive industry Helal said priority should be given to the plastic industry where each power failure causes huge material wastage.

On the proposed increase of power tariff he said it would be an additional nail to the coffin as frequent power cut has already badly damaged the industrial units. "Power tariff rise will increase the loss of the industries."

"The frequent and sudden power failure has been damaging many power sensitive machineries and equipment," Helal added.

HC order to govt: Don’t arrest or harass Hasina at home or abroad: Her parole extended

UNB, Dhaka

The High Court Sunday ordered the caretaker government to restrain until October 20 its cops from arresting or harassing ex-Prime Minister Sheikh Hasina in any manner.

An HC vacation division bench comprising Justice M Anwarul Haque and Justice Zubayer Rahman Chowdhury passed the orders following separate petitions filed for Hasina seeking bail in Niko and Barge-mounted power plant graft cases.

The Awami League president, now abroad for better treatment of her ears and eyes, had been on parole for eight weeks since June 11 following an executive order. Later, the government extended her parole which also expires today (September 6), before her return from America.

However, her counsel barrister Shafique Ahmed told UNB that Law Adviser AF Hassan Ariff had informed him that the parole was extended On Sunday by another month.

Hasina, who faces 15 cases, flew to the USA on June 12 following a

thaw in the standoff between the interim regime and the politicians.

She was arrested by the joint forces on July 16 last year amid a crackdown on the political arena following the January 11, 2007 changeover.

Emerging from the court, Barrister Rafique-ul Huq, the principal counsel for Hasina, declined to give any reaction-whether he is happy or disappointed-over the HC rulings as he fought for his client' s bail without avail.

Meanwhile, court sources said, the pending rule hearings on the Niko and Barge-mounted power-plant graft cases against Hasina will resume on October 14 in the High Court.

On July 7, the High Court, following separate writ petitions filed by Hasina, stayed the proceedings of both the cases. It had also issued separate rules asking the government and the Anti-Corruption Commission (ACC) to explain why the two cases "should not be quashed".

Both the cases are now pending with the special courts set up at the parliament complex that deals with high-profile corruption cases following the 1/11 change of guards in state power.

The Niko scam case awaits charge hearing and the Barge-mounted one is in the phase of cross-examination of the prosecution witnesses by the defence counsel.

On September 2 last year, the ACC filed the Barge-mounted power-plant case with Tejgaon police station against Hasina and several others, amid the crackdown on former ruling politicians.

It complained that the ex-PM and other accused through mutual understanding and use of influence had helped a foreign company and its local partners win a deal for setting up a 100MW barge-mounted power plant in Khulna, depriving the lowest bidder.

The ACC filed the Niko scam case on December 9 last year with Tejgaon police station. According to the charge sheet, the accused in collusion with one another awarded gas-extraction work in Chhatak, Kamta and Feni gas fields to Niko Resources Ltd., a Canadian company, "to gain personal financial benefit that caused a loss of Tk 13,630.50 crore to the state exchequer".

Reports on CA’s talks with Hasina denied

UNB, Dhaka

The Press Secretary to the Chief Advisor has categorically rejected some media reports about Chief Advisor Dr Fakhruddin Ahmed's telephone talk or meeting with Awami League President Sheikh Hasina in New York.

"This is absolutely wrong…He had neither talks nor meeting with her," Press Secretary Syed Fahim Munaim told UNB on Sunday.

He said there is no room for such speculations, particularly after the Chief Advisor himself denied it responding to questions from journalists in New York.

Fresh charges put polls in doubt: BNP, Jamaat

Staff Reporter

Leaders of BNP and Jamaat-e-Islami yesterday strongly criticised the filing of charge sheet against former prime minister and BNP Chairperson Begum Khaleda Zia, Jamaat Ameer Maulana Motiur Rahman Nizami and 14 others in the Barapukuria coalmine graft case.

They said the ACC decision to press charges against Begum Zia and others in the Barapukuria coalmine case what they said false and fabricated would put general elections in doubt.

BNP Chairperson's Adviser Brig Gen (Retd) ASM Hannan Shah told The New Nation that a quarter within the government is creating obstacles since they do not want that BNP goes for the polls. As part of the efforts, the charge sheet has been filed against Begum Zia and others, he alleged.

"Filing of charge sheet is not a sign of government's willingness to hold the elections in participation of all the political parties. This may create turmoil in the political arena," the outspoken BNP leader observed.

BNP Joint Secretary General Goyeshwar Chandra Roy told reporters that such approach of the ACC after the announcement of the date for general elections would put the elections at a stake.

He said the government's main task is to create congenial atmosphere for the polls after the announcement of the election date. "But it is not a good sign to give approval to the charge sheet submission. Rather, because of this, whatever doubts there have been in the public minds will further deepen," he added.

He demanded withdrawal of the case.

Jamaat-e-Islami Assistant Secretary General Muhammad Kamaruzzaman said the motive behind submission of the charge sheet against the BNP Chairperson, the Jamaat Ameer and others, was not a positive gesture.

Terming the Barapukuria coalmine graft case entirely false and fabricated one, he said the ACC move had put question about the goodwill of the government in holding the forthcoming elections with the participation of all the political parties.

Begum Zia, 10 powerful ministers of her cabinet and five others were charge-sheeted yesterday in the Barapukuria graft case for alleged embezzlement of a huge amount of government money through a misdeal on coalmining.

Advisory Council meet: Newspaper report on entertainment refuted

UNB, Dhaka

Cabinet Secretary Ali Imam Majumder Sunday refuted a report published in a daily newspaper that entertainment spending on council-of-advisers meetings of the present caretaker government increased compared to that of the last government.

He drew attention to the advisory council meeting held on Sunday and gave an explanation to the advisory council.

The report of the daily newspaper published yesterday (October 5) says that per-meeting entertainment expenditure of the sixty-member council of ministers of the last government was maximum Tk 10,000 while the spending per meeting for the 16-member council of advisers rose to Tk 26,000.

Ali Imam said, "The report is not factual-far from the truth."

Giving the breakdowns of the entertainment expenditure of cabinet meetings and council meetings of last four years, he said despite price rise of food items, the entertainment expenditures were comparatively less than that counted during the last government.

He mentioned at the council-of-advisers meeting that the total number of cabinet meetings in 2005 was 39 and average per-meeting expenditure was Tk 11,284 while the total cabinet meetings in 2006 were 38 with average entertainment expenditure of Tk 13,037 per meet.

And the number of total meetings of the council of advisers in 2007 was 74 and average per-meeting entertainment expenditure was Tk 12,296. The number of meetings of the council of advisers held so far in 2008 was 52 and average per-meeting expenditure was Tk about 9,000 excluding the expenditure of five council-of-advisers meetings outside the capital.

The cabinet secretary said anybody wanting further details could contact him.

It was mentioned at the meeting that not all of the 60 members of the council of ministers had attended the cabinet meeting while the attendance in the council-of-advisers meeting is of about 30, not 16.

CA's Press Secretary Syed Fahim Munaim, who was present at the council meeting, quoting the explanation given by the Cabinet Secretary, briefed newsmen.