The New Nation - Internet Edition

Court Correspondent

The High Court Division of the Supreme Court Thursday stayed the proceedings of the Barapukuria coalmine graft case aganst former Prime Minister BNP Chairperson Khaleda Zia for three months. Meanwhile, the former Premier appeared before the crowded Metropolitan Sessions Judge’s Court of Dhaka yesterday in the case while Judge Md Azizul Haque sent the case to the Special Court No.2 of presiding Judge A K Roy, set up at the Parliament Complex for quick trial.

Formers Ministers M Shamsul Islam, M K Anwar and Mowlana Matiur Rahman Nizami, also the Ameer of Jamaat-e-Islami Bangladesh, appeared before the court Meanwhile, former Minister Altaf Hossain Chowdhury was produced before the court through an ambulance from the prison cell of BSMMU hospital. Former health minister Dr Khandaker Mosharraf Hossain was also brought to the court from the jail.

Before sending the case to the Special court No. 2 the Metropolitan Sessions Judge did not refix the next date of the case.

Passing the order of interim stay, the High Court Division bench comprising Justice Syed M Dastagir and Justice Farid Ahmed also issued Rule upon the Anti-Corruption Commission (ACC) to explain in two weeks why the case against the petitioner Begum Khaleda Zia should not be quashed: The HC passed the order after hearing both sides on the quashment petition filed by Khaleda Zia in the coalmine graft case in which she is the accused number one.

The quashment petition was filed with the High Court Division on October 13, a week after ACC submitted the charge sheet in the case.

Earlier on October 14, a Judge of another HC bench comprising Justice Syed A B Mahmudul Huq felt embarrassed. Chief Justice (CJ) M M Ruhul Amin, Wednesday sent the petition to the HC bench of Justice Mohammad Dastagir Husain and Justice Farid Ahmed for hearing.

BNP Chairperson and former Premier Begum Khaleda Zia reached the court at 12 noon, when thousands of BNP activists and supporters thronged the surrouding areas of the old Dhaka including the court area. Most vehicles were not allowed to proceed towards the court area since 9 AM and many of them were directed to go back from Gulistan.

As soon as the word had it that Khaleda Zia was on her way to the court in the morning the crowd consisting of BNP activists, supporters brought the traffic to a standstill. Security men were virtually concentrated at the court premises and only lawyers of the accused were allowed to enter into the court room. However, sometimes some of them were also not being allowed to get in.

Thousands of people chanted slogans outside and also in the court premises. About a thousand lawyers appeared before the court on behalf of the six accused including the former premier.

Thousands of Jamaat activists and also supporters wearing caps rushed to the area when Jamaat Ameer Moulana Nizami was proceeding to the court and also going back after his appearance before the court.

Defence and prosecution lawyers were involved in heated debate from the beginning of hearing. State Counsel Mosharraf Hossain Kajal told the court Moulana Nizami should be sent to the jail, as the HC granted him bail up to the submission of the charge sheet of the case. Nizami’s lawyers including Barrister Abdur Razzaque protested the move. They submitted, explaining their move in the High Court seeking the bail of the Jamaat Ameer and protested the statement of the State Counsel.

Meanwhile, a lawyer shouted saying if Moulana Nizami was not allowed to continue on bail the opposing lawyers would not be allowed to go home. Reacting to the shout Mosharraf Hossain Kajal sought security to the court. However, some defence lawyers immediately sought apology for the remark that infuriated Advocate Kajal.

Begum Khaleda Zia, one-time loyal faithful Abdul Mannan Bhuiyan, whom she fired as BNP Secretary General for his alleged secret links with the present care-taker government, did not appear before the court due to illness.

Other two accused in the case former Finance Minister M Saifur Rahman and Jamaat General Secretary and former Minister Ali Ahsan Mohammad Mujahid were absent from the court.

The ACC filed the graft case on February 26, accusing 16 former ministers and bureaucrats of causing loss of Taka 158.71 crore to be national exchequer through an agreement with China National Machinery Import and Export Corporation (CMC). On October 5, ACC Deputy Director Abdul Kashem Fakir submitted the charge sheet against the accused including Khaleda Zia.

Begum Khaleda Zia appeared in the High Court on October 12 seeking cancellation of the case. Thursday, her Chief Counsel Barrister Rafique-ul Huq told the HC, the ACC’s final report submitted on June 1, found that no allegation could be proved about irregularities in connection with leasing out of the Barapukuria coalmine. He also said, the case was filed wrongly.

Meanwhile, on October 12 police submitted reports on warrant of arrests before the court saying that they raided the homes of seven fugitives of this case including Jamaat leader Ali Ahsan Mohammad Mujahid, former minister Barrister Aminul Haque and former state minister A K M Mosharraf Hossain, but failed to arrest.

The court earlier directed the authorities to publish an advertisement in two national Bangla dailies asking the fugitives to appear before the court by October 16.

The case was filed against Khaleda Zia and 15 others including 10 former ministers of BNP and Jamaat-e-Islami. Other five accused are: former acting secretary to the ministry of energy and mineral resources Nazrul Islam, former Petrobangla Chairman S R Osmani former Petro-Bangla Director Mainul Ahsan, former Managing Director of Barapukuria Coal Mine Company Limited Sirajul Islam and Hosaf Group Chairman Moazzem Hossain.