The New Nation - Internet Edition

Saifur, Nizami, Mujahid sent to jail: Trial court rejects bail prayers

Former Finance Minister and BNP leader M Saifur
Rahman, ex-ministers and Jamaat Chief and Secretary General
Maulana Motiur Rahman Nizami and Ali Ahsan Mohammad Mujahid
being taken to jail from special court at Sangshad Bhaban
premises as they were denied

Staff Reporter

A special trial judge yesterday sent three former influential ministers in ex-prime minister Khaleda Zia's four-party coalition government to jail after they surrendered to the court.

The court ordered BNP leader former finance minister M Saifur Rahman, Bangladesh Jamaat-e-Islami chief Motiur Rahman Nizami and secretary general Ali Ahsan Mohammad Mujaheed into jail in the Barapukuria coalmine case.

Maj Shamsul Haider Siddiqui, deputy inspector general of prisons, told the New Nation that the accused were sent to prison at 3:15pm.

Following High Court orders given on November 5, the three charge-sheeted accused surrendered to the special court set up in the high-security parliament-building complex and sought bail. But Judge AK Roy rejected their bail prayers and ordered them into jail.

Saifur Rahman, BNP standing-committee member and former finance minister of the immediate-past government, appeared in the court at 11:00am.

Jamaat Ameer Nizami and secretary general Mujaheed was the first to enter the Special Judge's Court-2 in the parliament complex at around 10:00am. Hundreds of their workers squatted outside the eastern road chanting freedom for their party chief and second-in-command. As the court resumed at 12:40pm, Barrister Abdur Razzak, the counsel for the accused petitioners, prayed for three days' time on the plea that quashing petitions against the case are pending with the High Court.

The lawyer also argued that other charge-sheeted accused in the case are now at large on bail.

Anti-Corruption Commission (ACC) lawyer Mosharraf Hossain Kajal strongly opposed the bail petitions, saying: "There's no scope for bail in the case under the emergency rules." Also, police report on the case is already submitted.

Hearing both sides, the court observed, "there is no scope for granting bail to the charge-sheeted accused as emergency power rules are in force".

The judge ordered the bailiffs to send them to Dhaka Central Jail and fixed November 12 for next hearing on the case, one of the many instituted under the anti-graft drive launched by the Caretaker Government after the 1/11 (2007) changeover following a political crisis over election issues.

Former state minister for energy AKM Mosharraf Hossain, one of the accused in the case, was sent to Dhaka Central Jail Sunday. He was brought to the court from the jail.

Prosecution lawyer Adv Kajal told reporters that the High Court earlier had advised the three accused to surrender before the trial court. Besides, the case is under the Emergency Power Rules.

Barrister Abdur Razzak, lawyer for Nizami, Mujaheed and Saifur said their clients were innocent and the charges were "politically motivated." Again bail petition will be submitted to HC and within three or four days they will be freed.

The ACC filed the case on February 26 this year accusing former Prime Minister Khaleda Zia and nine of her former cabinet colleagues of causing a loss of Tk 159 crore to the state exchequer by awarding a contract for operating Barapukuria coal mine to a Chinese company through "abuse of power".

The principal accused, BNP chairperson Khaleda Zia, secured bail from the High Court in this and three other graft cases and recently came out of jail in a turnaround in the political scenario ahead of the upcoming polls. The High Court also stayed further case proceedings against her in this case.

On October 5, the ACC submitted chargesheet against Khaleda, her former cabinet colleagues and five bureaucrats under the ongoing purge.

The chargesheet was submitted to Dhaka CMM Court for their alleged involvement in misappropriating a huge sum of money involving the coalmine scheme.

Meanwhile, hundreds of Jamaat supporters chanting anti-government slogans flooded around the Jatiya Sangsad premises where the special court is located, while Manik Mia Avenue and Rokeya Sarani were closed as part of a tight security cordon around the area.

Turbulence in the Bay

Hasnat Abdul Hye

A TURBULENCE of a non-meteorological kind appeared last week in the Bay of Bengal, when two warships of Myanmar were seen alongside a drilling rig. The warships were obviously guarding the rig while it was drilling for oil or gas. This in itself would not have been extraordinary but for the fact that the warships and the rig were in Bangladesh territorial waters. The Myanmar warships and the rig belonging to a South Korean company had clearly trespassed, challenging the sovereignty of Bangladesh over the area.

If the Myanmar authority thought that Bangladesh would temporise or cringe in fear, they were mistaken. The bluff was called and Bangladesh Navy promptly despatched two of its ships to run the gauntlet thrown by the trespassing warships. For a while an eyeball- to-eyeball confrontation took place, with neither side giving any quarter. Reinforcement by Bangladesh Navy bringing more ships in the area and high-speed diplomacy by Bangladesh foreign ministry led the Myanmar authorities to change their stand. While the Bangladesh Navy ships remained in their position, the two warships of Myanmar and the South Korean rig were later withdrawn. A tense situation that threatened to escalate further was defused. But that was in the Bay. The turbulence that originated in the Bay of Bengal reached the landfall where Myanmar was seen to mobilise border forces and their army along the Bangladesh-Myanmar border. This was an wanton and unprovoked move as was the earlier show of force in the Bay. Bangladesh did not do anything that could precipitate or justify the unfriendly and belligerent action by Myanmar. On the other hand, Bangladesh has taken several steps to place Bangladesh-Myanmar relation on a stronger and durable foundation. The formulation and pursuit of 'Going East' policy by Bangladesh has given Myanmar a crucial role from which will ensue benefits for both countries. Agreement reached with Myanmar to construct communications infrastructures linking up with China is the direct outcome of this policy. When a member of the ruling Junta of Myanmar visited Bangladesh recently he was given a very cordial reception. When he left for home he looked like a guest who was contented. Now, with hindsight, it appears that the visage of the VIP visitor from Myanmar was misleading.

By the yardstick of what has happened in the wake of his visit, it has to be concluded that he was not only dissatisfied but also annoyed, most probably by what he heard in the course of his discussion. He might have been told about the stand of Bangladesh regarding the area in the Bay of Bengal where the two Myanmar warships were sent subsequently, to guard the drilling rig. Bangladesh might have reiterated sovereignty over the territorial waters according to international law. If that claim was disputed by Myanmar the correct thing to do was to engage in bilateral talks using international law, UN conventions and present usage. To bypass this normal and internationally accepted procedure and to resort to force is to behave recklessly and aggressively. Myanmar is guilty of having done both and very deliberately.

Even after the tense situation in the Bay of Bengal was defused, Myanmar authorities have taken two steps to indicate that they are bent upon maintaining belligerency towards Bangladesh and ratchet up the aggressive posture. Firstly, through official radio and controlled media it has been announced that having made successful exploration the rig has moved to another site in the Bay of Bengal. This implies that rigs can come to the same area at a later date. In other words, Myanmar has not accepted the sovereignty of Bangladesh over the area in question. The second is much more serious and aggressive in nature in the present context. According to reports, while the Myanmar authorities removed the warships from the area in the Bay where they were spotted, it has mobilised the army at various points along the border and strengthened the border security force. These are brazen acts of provocation and war-mongering. Evidently, Myanmar wants to send the message that it will use force, if necessary.

Shocking as it is, Myanmar posture should not be seen as surprising. A country that ignores the international community's call for respecting human rights and restoring democracy with contempt can only think of using force when forced with a problem. But unlike the brutal crackdown against innocent civilians, an aggressive move against Bangladesh will not go unchallenged and unpunished. The Foreign Adviser has already declared that Bangladesh will protect its sovereignty at any cost. If she is forced to do so, there will be many countries to support her and the isolation of Myanmar will become even more acute.

Faced with the claim of Bangladesh over the area where the two warships were sent last week, Myanmar can only describe it as 'disputed' and then proceed with negotiation to prove its case. Simply desiring to own an area does not confer ownership, particularly when another country already has claimed it to be within its territorial limits. In fact, by sending two warships to guard the drilling rig Myanmar has already admitted that her claim of ownership is disputed. No country sends warships to an area that is recognised as its integral part.

Negotiation over the 'disputed' area in the Bay of Bengal is not only the peaceable way but also the only honourable manner for Myanmar to settle the dispute amicably. Here rhetorics will not help nor the threat of use of force. Negotiation has to proceed on the basis of facts and figures and existing international law. The UN Law of the Sea and the conventions relating to it are the legal instruments guiding negotiation in such disputes. As none of the two countries have completed the formalities for the application of the UN Law, they cannot depend on it formally at this stage. But there can be a de facto application on the basis of existing data. These data are mainly satellite images which are incontrovertible. The other type of equally robust data is collected by specially equipped ships. Both Bangladesh and Myanmar may have built up database that would define their territorial limits, including special economic zone, but these are not complete and adequate. Both the countries should expedite the collection of necessary data so that the UN Law can be applied in the Bay of Bengal. Meanwhile, pending a final settlement based on international law, what the two countries can do is to agree on areas that they consider as 'disputed' and desist from taking any unilateral action in terms of exploration and drilling. This applies more to Myanmar than to Bangladesh. Ad hoc negotiation can proceed on the basis of whatever data is available, postponing final settlement when both sides are ready with all the data to use the UN framework for this purpose.

Instead of trying to resort to force and ruining good-neighbourly relations, Myanmar should follow the legally recognised procedure. Bangladesh values the friendship and co-operation of Myanmar as a neighbour. This should be reciprocated by Myanmar. Stirring up turbulence in the Bay through deployment of warships and massing troops along the border do not bode well for strengthening of good-neighbourly relations.

According to reports, Myanmar has been engaged in illegal drilling in the area in question for quite some time. This should have been known to our embassy in Myanmar. Not to gather information timely and send it to the Foreign Office has been a serious lapse on its part. As the adage goes: To be forewarned is to be forewarned. This has not been possible in this instance, which is unfortunate.

EC fuels doubt over polls: AL

Staff Reporter

Awami League (AL) spokesman and Joint Secretary Syed Ashraful Islam yesterday alleged that the activities of the Election Commission (EC) was creating doubts and fears in the people's mind over the holding of parliamentary election on December 18.

He said, "We are trying to complete our electoral jobs within the deadline announced by the EC. But the EC has deferred election schedules to facilitate a quarter rather than creating a level playing ground."

Ashraful made this remark while talking to newsmen after one and half hour bilateral meeting between party president Sheikh Hasina and Indian High Commissioner Pinak Ranjan Chakrabarty.

Replying to a question about any apprehensions about the parliamentary election, he said, 'The EC itself is now making us suspicious."

"We also have come to know the EC may defer the election date. I am again saying that if the polls date is deferred beyond December 18, disastrous situation will be created in the country." Asked to explain the word 'disaster', he said, "The caretaker government will have to quit power by December. That is why the polls must be held within December. If the national polls is not held by December, will the country remain without government from January?"

Pinak Ranjan Chakrabarty told reporters that he only came to meet Sheikh Hasina to enquire about the former premier's health conditions and how she had received treatment in abroad.

About the parliamentary election, Chakravarty said, "We have heard that the polls will be held on December 18 and it should be held in time."

Asked if the prevailing atmosphere of the country was suitable for the polls or not, he said, "Well, that has to be achieved and determined by the government, political parties and the EC."

Ashraful said, "It was only a courtesy call. Our president said the polls must be held on December 18, because an elected government only can attract foreign investment, control commodity prices and create employment."

Myanmar mobilises troops along Bangladesh border

Staff Reporter

Despite withdrawal of Myanmar exploration mission from Bangladesh waters in the Bay of Bengal, tension in the land border area still persists as both sides continue to mobilise troops.

Apart from the border guards both countries have moved in army units, but deployed them five km (three miles) in land from the border lines. BDR chief Major-General Shakil Ahmed visited his troops at areas bordering Myanmar yesterday.

He asked his soldiers to be on high alert but hoped the situation would not escalate into a military confrontation.

Security officials said Myanmar also built up army troops at strategic points on its side of the 320 km (200 miles) border, partly demarcated by the Naf river and shared by the two countries.

BDR sources said Yangon still kept in its border the Nasaka troops backed by their army soldiers in the frontiers prompting the BDR to mobilise extra forces along the Bangladesh-Myanmar borders.

"Tension is defusing with the development in the Bay, but we are watching the situation in the frontiers . . . it takes some time to withdraw the troops as it is needed during their deployment," a senior BDR official told BSS news agency.

Reports from the frontline said residents along the Bangladesh- Myanmar border in Bandarban frontiers were still frightened as authorities advised them to be on the safe side while Nasaka reportedly warned of using guns if they were found to be crossing the border.

Meanwhile, Myanmar has started pulling back naval ships from the Bay of Bengal on Sunday following diplomatic efforts from Bangladesh. Earlier on Saturday it stopped exploration for gas and oil in disputed waters.

Myanmar started the exploration early this month, despite protests by Bangladesh, in a stretch of sea both countries claim.

Foreign Affairs Adviser Dr Iftekhar Ahmed Chowdhury yesterday said relaxation of tensions between Myanmar and Bangladesh through the withdrawal of the hydrocarbon-exploration rig of Daewoo from the contested waters in the Bay of Bengal is a win-win situation for both the countries.

"This happy conclusion in the Bay has been a win-win situation for both Bangladesh and Myanmar. Peace leads to benefit for everyone,"

Iftekhar told reporters in the evening.

He said Bangladesh always wants a close neighbourly relation with Myanmar and "our policy will be directed towards that end".

Earlier on Sunday a team, headed by Foreign Secretary Touhid Hossain, returned to Dhaka, and said Myanmar had stopped exploration in the disputed waters and removed equipment.

"Myanmar has completely withdrawn equipment and ships from our water territory," Touhid told reporters.

However, Myanmar's official media Sunday presented this as a technical move and said the South Korean company undertaking the exploration work had simply moved to another block after a successful seismic survey.

The dispute would be a focal point of discussion when technical delegations from both sides meet in Dhaka on November 16 and 17 to talk demarcation of their maritime boundary, officials said.

Govt expects responsible role from BNP: Zillur

Staff Reporter

Commerce and Education Adviser Dr Hossain Zillur Rahman said yesterday the Government expects BNP to play a responsible role in making a decision on their participation in the upcoming parliamentary elections on December 18.

"We want to settle all disputes through dialogue and for that we expect assistance from all quarters, " he told journalists after a meeting of four advisers assigned for ensuring positive solution of political issues at the works ministry.

When asked whether the government would take any fresh attempt for a dialogue with BNP for resolving the present stalemate, the Commerce Adviser did not give any direct answer.

"Everyone has to be responsible and come forward with a rational approach for resolving any difficulty," he added.

He, however, said the government is evaluating the overall situation and moving towards a solution. The other three advisers AF Hassan Ariff, Ghulam Qader and Anwarul Iqbal were present at the meeting.

3 Bangladeshis burnt to death in Bahrain

UNB, Dhaka

Three Bangladeshi workers were burnt to death and seven others injured in a gas cylinder explosion at a labour camp in the Bahraini capital of Manama on November 7.

The dead were identified as Tota Mia alias Farooq, 40, and his brother Kadar Mia, 32, of Jagannathpur village, and Masud of Dhopatila village in Kamolganj upazila of Moulvibazar district.

The injured were given first aid at a hospital in Bahrain, said a handout yesterday. Meanwhile, Foreign Adviser Dr Iftekhar Ahmed Chowdhury has instructed the Bangladesh Embassy in Manama to take initiatives for sending the bodies back home soon and realizing compensations from the company concerned for the families of the victims.

In a condolence message, Dr Iftekhar condoled the death of the three workers, prayed for salvation of the departed souls and conveyed sympathy to the bereaved family members.

Boro procurement falls short of target

Shamim Jahangir

The six month long Boro rice procurement drive of the government fell short of target by one lakh and forty thousand tonnes despite extension of deadline for four times.

The government has procured 12.60 lakh tonnes of rice against the target of 14 lakh tonnes from April 15 to November 10, sources in the Directorate of Food said yesterday.

Of the total procurement, about 8,29,215 tonnes of rice came from Rajshahi division, 1,61,469 tonnes from Dhaka division and 1,22,150 tonnes from Khulna division. Besides, the volume of procurement from the Chittagong, Sylhet and Barisal divisions stood at 12,259 tonnes, 4,190 tonnes and 80 tonnes respectively.

A senior official of the Directorate of Food told the New Nation that the bulk rice procured from 12,036 rice mills owners, including 160 auto rice mills. He expressed his satisfaction over the success of the procurement drive under the given circumstances.

The authorities have cancelled licences of 1,969 rice mills mostly in the country's northern areas for not selling rice and paddy to the government at the officially fixed rate.

"We have now sufficient stock of rice. A total of 11.60 lakh tonnes of rice out of the total capacity of 12.75 lakh tonnes have stocked in government go-downs," another high official told the New Nation. It was only seven lakh tonnes last year, he informed.

Meanwhile, the government has taken to procure Aman from November 25 at a price of Tk 26 for one kg of rice and Tk 16 for paddy.

Employees assault RU acting VC

RU Correspondent

Some class three and class four employees of the Rajshahi University (RU), who have been agitating for sometime for regularization of their jobs, yesterday manhandled RU acting vice chancellor Prof. Mamnunul Keramat in front of the administrative building.

About 200 employees appointed in 2004 in violation of the university rule, held rally and demonstration and brought out procession on the university campus yesterday to press home their demand for making their job permanent. They blocked the entry of the university officials and other employees into the administrative building in the morning.

They also misbehaved with Prof. Keramat when he tried to hold discussion with them on their demand and assaulted him as he tried to enter into the administrative building. RU proctor Dr. Enamul Haque was present on the spot at that time.

The police and the university officials tried in vain to ward off the unpleasant situation.

Later the angry employees held a rally on the campus and urged the chief adviser and the University Grants Commission (UGC) chairman to take necessary steps for confirmation of their jobs.

Speakers at the rally threatened to stop all activities of the university if their demand was not fulfilled by November 15.

They a called upon the university authorities to convene syndicate meeting immediately to confirm their jobs.

They announced that they would continue their sit-in demonstration on the campus until their jobs were regularized..

Among others, Masudur Rahman, Azibul Haque, Aminul Islam, Mizan and Pintu, employees of the university, addressed the rally..

When contacted, VC Prof. Keramat said told reporters that the university authorities have taken the matter seriously. and that the demands of the employees will be dealt according to the university rule..

Earlier, the university authorities appointed 544 class three and class four employees against 255 vacant posts in 2004 in gross violation of the university rules. Jobs of about 300 employees were regularized during tenure of the previous BNP led alliance government .

Later, the High Court stayed the recruitment following a case.

Jamaat announces 5-day programme

Staff Reporter

Leaders of Bangladesh Jamaat-e-Islami yesterday announced a five-day agitation programme from today to press for the release of party Ameer Moulana Matiur Rahman Nizami and Secretary General Ali Ahsan Muhammad Mujaheed.

The leaders of Jamaat were sent to jail in connection with Barapukuria coalmine corruption case yesterday.

"Sending our leaders to jail by denying them bail is part of a move to keep the four-party alliance as well as Jamaat out of the parliamentary elections," Mohammad Kamaruzzaman, Assistant Secretary General of Jamaat told journalists at an impromptu press conference at the party's central office at Mogbazar in the city.

"The Court's verdict is part of conspiracy to keep the 4-party alliance out of the election," he added.

He said the charge sheet against a top leader of another party was withdrawn but Khaleda Zia and nine others are being "harassed" in Barapukuria coalmine corruption. He termed the case 'false'.

"This proves that the Government favours one political party and behaves step-motherly with another party. Today's incident also clearly proved that the government wants to install a particular party in power," said Mohammad Kamaruzzaman.

Jamaat will stage nonstop demonstrations and protest rallies across the country from Tuesday to Thursday. They will organize dua and protest on Friday

The party will submit memorandum to the Chief Adviser's office on November 16 in the capital and DC offices in district headquarters.

"We would sit with the BNP-led 4-party alliance soon to discuss further action programmes if our leaders were not released," said the Assistant Secretary General of Jamaat.

Asked if Jamaat will take part in Dec 18 election independently, he said Jamaat would participate in the polls with the alliance if their 7-point demand is met.

BNP protest rallies on Nov 12

Staff Reporter

BNP will hold rallies on November 12 across the country to press for the release of party standing committee member M Saifur Rahman and Moulana Matiur Rahman Nizami, Ameer and Ali Ahsan Muhammad Mujaheed, Secretary General of Bangladesh Jamaat-e- Islami.

The leaders of the four-party alliance were sent to jail in connection with Barapukuria coalmine corruption case yesterday.

"We will hold rallies in the capital and elsewhere in the country on November 12 to release our detained alliance leaders and realise seven-point demand," Khandker Delwar Hossain, Secretary General of BNP told the journalists after a meeting of the alliance.

BNP Chairperson Begum Khaleda Zia presided over the meeting at her office at Gulshan in the city that started at 8:30 pm and lasted around 9:00 pm yesterday night.

"Sending our leaders to jail by denying them bail is part of a conspiracy to keep the four-party alliance out of the parliamentary elections contest," he added.

Delwar urged the government to realise the seven-point demand immediately for the sake of holding free and fair election in the country.

Nazrul Islam Khan, Joint Secretary General of BNP, Mohammad Qamaruzzaman, Assistant Secretary General, Abdul Qader Mollah, Moulana Rafiqul Islam of Jammat, Barrister Andaliv Rahman, Chairman and Shamim Al Mamun, General Secretary of Bangladesh Jatiya Party (BJP) and Moulana Abul Latif Nezami, General Secretary of Islami Oikkya Jote ,among others, were present during the meeting.

HC lifts ban on 5 milk powder brands, orders fresh lab test

Staff Reporter

In a latest move the High Court yesterday lifted for three weeks the ban on sale, display and marketing of five brands of suspected melamine-tainted powdered milk to collect samples for fresh laboratory test.

The embargo temporarily goes from Diploma and Red Cow of Australia, Dano of Denmark, and Nido and Anlene of New Zealand. However, the ban was retained on China made Yashili-1, Yashili-2 and Sweet Baby-2 of China.

A division bench comprising Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqui passed the interim order of fresh laboratory test as the court found contradiction in the laboratory test reports, said Manzill Murshid, counsel for the writ petitioner Human Rights and Peace for Bangladesh (HRPB).

In a series of orders, the HC bench directed the Health Ministry to conduct fresh laboratory test at the Dhaka University, BSTI and Atomic Energy Commission, after collecting samples of all available brands of powdered milk and submit all the test reports through the Supreme Court registrar within three weeks. The collection of samples would have to be done in a transparent manner with due representation, including from the producers, said the court order.

Besides, the HC asked the Health Ministry to procure a certificate from the World Health Organization (WHO) as to whether the melamine-tainted powdered milk is harmful to human health.

The Court also asked the Government to publish all the laboratory test reports on the eight foreign brands of suspected melamine-tainted powdered milk so that the consumers can make a well-informed choice.