Entries from June 2008 ↓

The Tk 2.99-crore extortion case filed against former premier Sheikh Hasina, now on parole, her sister Sheikh Rehana and their cousin Sheikh Fazlul Karim Selim was transferred to a special court on the Jatiya Sangsad Bhaban premises yesterday for trial.

Judge Mohammad Azizul Haque of the Metropolitan Sessions Judge’s Court, Dhaka, who had earlier started recording statement of the complainant, ordered the case to be sent to the Special Court-5 for quick disposal.

The case did not have a schedule hearing today.

On Thursday, the prosecution submitted a petition for fixing a date for hearing on the case but the court did not pass any order on the matter.

Special Public Prosecutor Sahidul Islam Sardar submitted a petition to the court, after getting a certified copy of the Supreme Court (SC) judgment, saying that the SC cleared the legal bar to continue the trial proceedings. He prayed for fixing a new date for hearing on the case.

When asked about the transfer order, Sardar told The Daily Star that he heard about the transfer of the case but he did not know why the trial court transferred it to another court for trial.

The case, filed by Azam J Chowdhury, was earlier quashed by the High Court (HC) following a writ petition submitted by Hasina’s lawyers challenging the legality of the case that was brought under the Emergency Power Rules, 2007 (EPR).

The SC on May 8 stayed the HC order and cleared way for the trial to continue under the EPR.

Eastcoast Trading Pvt Ltd Managing Director Azam J Chowdhury on June 13, 2007 filed the case against Hasina and her cousin former minister Sheikh Fazlul Karim Selim in connection with extorting Tk 2.99 crore from him in exchange for the contract of setting up the Siddhirganj Power Plant in Narayanganj.

On July 16, 2007, the home ministry directed the police to bring the case under the EPR.

Investigation officer of the case Obaidul Haque on July 24 indicted Hasina, Rehana and Selim for extortion. He did not include the relevant sections of the EPR while indicting.

Following Hasina’s writ filed on July 29 last year, an HC bench of Justice Nayeem and Justice Zubayer Rahman Chowdhury issued a rule upon the caretaker government asking it to reply as to why its approval for bringing the case under EPR should not be declared illegal.

After hearing the state, the HC on February 6 quashed the case saying that the proceedings already taken and under process were without lawful authority.

http://www.thedailystar.net/story.php?nid=41377

Anti-Corruption Commission (ACC) Chairman Lt Gen (retd) Hasan Mashhud Chowdhury yesterday said no unlawful steps were taken in temporarily releasing Awami League President Sheikh Hasina from prison.

He also dismissed news of his resignation as rumours, saying everyone would be informed beforehand should he take such a decision.

The ACC chief was talking to reporters on his first day in office after about a four-week vacation abroad.

He said if it seems to the commission that something illegal had been done while releasing the Awami League president, the watchdog would surely stake its opinions out to the appropriate authorities.

“I think no illegal steps were taken or would be taken. If it’s not so, we’ll surely give our opinion to them. I know for sure that the activities are conducted as per rules and regulations,” Mashhud said, adding that the current anti-corruption drive would not be affected by the release of Hasina.

Referring to the temporary release of Awami League General Secretary Abdul Jalil, he said, “Certainly that has been done in accordance with law. I don’t think there is any scope for disagreement.”

Hoping that the formation of the Truth Commission would lessen pressure on the ACC, Mashhud said its success, however, would depend on the number of people coming to it.

“Under no circumstances would the Anti-Corruption Commission allow any other agency to impede its activities,” he said.

On reports of his resignation, he said, “You know, there were so many rumours. But, you see, those were not true. There’ll be nothing to hide if there comes any decision like that”.

“The rumours were spread through you (the media). You have been used. There was no need for that”, he said.

Noting that there are still a lot of works to do, Mashhud hoped that he would be able to accomplish his task with the help of everyone.

The ACC chairman left the country on May 19 on vacation. He was scheduled to return home on May 12 and attend office on May 15.

But, owing to his mother’s illness, he came back two days earlier, on May 10.

http://www.thedailystar.net/story.php?nid=41400

Dhaka (PTI): In an apparent political deal between her party and the military-backed government, ailing former Bangladesh Premier Sheikh Hasina, detained over graft charges, was on Wednesday released from prison for eight weeks to receive treatment abroad and is expected to fly to the US Thursday.

60-year-old Hasina, lodged in a makeshift prison inside the parliament complex since July 16 last year, was released after the interim government issued an executive order allowing her to undergo treatment abroad, Inspector General of Prisons Brig Gen Zakir Hassan said.

http://www.hindu.com/thehindu/holnus/003200806111702.htm

Detained former premier Sheikh Hasina is set to be released from a special jail, which might be a big leap forward in the Awami League (AL) chief’s trip abroad ‘for better treatment’, as a special court yesterday removed the legal barriers.

Hasina’s lawyers said since the barge-mounted power plant graft case against Hasina is in its trial phase, a court order exempting her from appearing in person before the court during the trial proceedings, was needed for her release.

The judge yesterday accepted her petition for that exemption, submitted by her counsels on grounds of her illness, said Barrister Shafique Ahmed, one of Hasina’s counsels.

“As charges are yet to be framed in other cases, no court order is needed in connection with those. The government may now, through executive orders, allow her to go abroad,” Shafique told reporters yesterday.

Hasina may now fly out of the country anytime if the government issues the executive orders in connection with the other cases against her, Shafique added.

Judge Firoz Alam of Special Court 1 resumed his court proceedings in his chamber on the parliament building premises for the second time in the day at 5:30pm yesterday. After a brief hearing the court accepted the petition and scheduled 10:00am today for the final ruling.

Earlier, the court adjourned till June 12 the trial proceedings of the barge-mounted power plant graft case against Hasina and seven others.

Anti-corruption Commission (ACC) Public Prosecutor Shahidul Islam Sardar did not oppose the defence’s petition, court sources said.

Earlier at 4:00pm, Hasina’s three counsels — Barrister Shafique, Advocate Sahara Khatun, and Barrister Fazle Noor Taposh — met her at the special jail for 22 minutes.

As the news of her possible release on bail spread among AL leaders and activists, hundreds of them thronged the parliament building complex and her Sudha Sadan residence in Dhanmondi.

Her aunt Khodeja Khanom and her cousin Shelly Zaman were allowed to spend time with her in the special jail between 6:55pm and 8:15pm.

Meanwhile, AL Presidium Member Amir Hossain Amu waited at the entrance of the makeshift jail for an hour since 7:30pm in an effort to meet her, but in vain, while other top leaders of the party including Abdur Razzak, Tofail Ahmed, Matia Chowdhury, Suranjit Sengupta, Sajeda Chowdhury, Syed Ashraful Islam, Saber Hossain Chowdhury, Asaduzzaman Noor, and Mahmudur Rahman Manna went to Sudha Sadan and stayed there for hours.

No sources however could confirm till filing this report at 1:45am today whether the AL chief was leaving the country early today.

There was also no government confirmation.

But a cross-section of sources however told The Daily Star that Hasina might leave the country anytime between today and June 12.

Security at the sub-jail and Zia International Airport were beefed up yesterday.

Col (retd) Faruk Khan of AL told The Daily Star last night that the government decided to send Hasina abroad.

Hasina has been suffering from acute ear and eye problems. A medical board formed by the government on Friday in its report suggested that her hearing aid should be replaced as soon as possible.

Hasina’s lawyers earlier said her hearing aid became dysfunctional due to expiry of its durability, and that the device needs to be replaced immediately in order to save her hearing.

After the trial proceedings of the barge-mounted power plant graft case against Hasina earlier in the day, her counsels told reporters that she will heed the medical board’s advice regarding her treatment abroad.

UNB reported that Inspector General (IG) of Prisons Brig Gen Jakir Hasan yesterday said the jail authorities are fully ready to execute any decision of the government regarding medical treatment of detained former premier Hasina, and Khaleda Zia’s son Arafat Rahman Koko.

He was talking to journalists after a high-level meeting of the chiefs and top officials of various government departments and armed forces with Home Adviser Maj Gen (retd) MA Matin at Bangladesh Secretariat.

The IG (prisons) further said what he knew about Hasina’s and Koko’s medical treatment is more or less the same as the news published in the media.

When the journalists tried to get comments from the home adviser on Hasina’s treatment, he said, “I am unable to say anything on the topic.”

Meanwhile, highly placed sources said yesterday in a meeting with the chief adviser, some other advisers including the home adviser to the military backed caretaker government discussed the issue of sending Hasina abroad ‘for treatment’.

Hasina was detained on July 16 last year in connection with an extortion case accusing her of extorting the plaintiff a businessman named Azam J Chowdhury of Tk 3 crore, but the proceedings of the case were stayed by an order of the High Court (HC). The Appellate Division of the Supreme Court (SC) on May 8 however cleared the bar on continuing its trial.

The hearing on charge framing in the MiG-29 purchase case and Niko graft case against her already started.

Besides, two more extortion cases against her, filed by AL leader Noor Ali and a businessman named Tajul Islam Faruq, are now under investigation.

A murder case against her, in connection with a killing at Paltan intersection in the capital, is pending in a Dhaka court.

Trials of Meghna Ghat power plant graft case, and frigate purchase graft case both filed against her during the tenure of BNP-led four-party alliance government remain stayed by the HC orders.

Six other graft cases against her which were also filed during the four-party alliance government’s rule are also under investigation.

During the first round of court proceedings yesterday, Judge Firoz Alam of Special Court 1 adjourned the proceedings as the defence asked for time.

Hasina was brought to the court around 10:00am from the special jail where she is being detained since her arrest.

The defence yesterday cross-examined three persons who witnessed the listing of seized items in connection with the case. The witnesses who were cross-examined are Assistant Director of Power Development Board (PDB) Enamul Haque, PDB’s lower division clerk Nurunnahar, and a computer operator of the Ministry of Power, Energy and Mineral Resources, Motaleb Hossain.

As a defence lawyer Advocate Syed Rezanur Rahman asked Enamul how many pages is the list of seized items, Enamul said he does not know.

On September 2 last year, ACC Deputy Director Sabbir Hasan filed the case with Tejgaon Police Station.

HASINA’S PASSPORTS
Our court correspondent added that a Dhaka court yesterday adjourned till June 12 the hearing of a petition regarding returning Sheikh Hasina’s ‘three passports’ seized after her arrest.

Metropolitan Magistrate Abdullah Al Mamun passed the order following a petition submitted by Hasina’s lawyers.

On March 12, another court ordered the authorities concerned to return Hasina’s passports, but the next day the same court stayed the earlier order following a petition submitted by the prosecution.

In the defence’s petition, a counsel of Hasina appealed to the court that their client might need her seized passports any time.

http://www.thedailystar.net/story.php?nid=40399

A special court yesterday rejected the bail prayer of former prime minister and Awami League President Sheikh Hasina in the Niko graft case.

Judge Amar Kumar Roy of the Special Court-2 passed the order, and set June 10 for hearing on charge framing against Hasina and eight others in the case, following defence plea for extension of time.

In its order, the court said since Emergency Power Rules (EPR) are in force, there is no scope for entertaining such bail petitions as the EPR revoke the right to seek bail by an accused facing graft charges under the Corruption Prevention Act 1947.

The former premier filed the bail petition on June 1.

The detained AL chief was taken to the special court at the Jatiya Sangsad Bhaban complex around 10:00am. Two other accused in the case — former power secretary Dr Toufique-e-Elahi Chowdhury and former state minister for power Rafiqul Islam — were also produced before the court.

The court also turned down a bail petition by a counsel for Rafiqul Islam on the same grounds.

The counsel, Syed Rezaur Rahman, made a plea for Rafiqul’s bail saying he is undergoing treatment at Bangabandhu Sheikh Mujib Medical University (BSMMU) for diabetes, asthma and cardiac problems.

The prosecution strongly opposed Rafiqul’s bail prayer.

Opposing the defence plea for time, the prosecution said relevant papers and documents relating to the Niko case are available every day during court hours for examination by defence counsels.

So, there is no reason for granting time extension, and the hearing should start today (Thursday), they argued.

Later, talking to newsmen, defence lawyers said there is no criminal offence in this case, and the government has vindictively filed it to harass Hasina.

Terming the case ‘ridiculous’, advocate Quamrul Islam said the then premier Hasina had only approved a draft policy, which did not cause any loss to the government or the country.

They would soon move to the High Court in consultation with other senior lawyers, he said.

The defence lawyers also said Hasina is eligible for bail since she is sick, and aged. Moreover, one of the charge-sheeted accused in the case has been granted bail, so she also should get bail, they added.

Quamrul quoted Hasina as saying, “Although we are talking about independence of the judiciary, it is not independent. Judges do not have independence, and they are doing what they have been asked to do.”

On December 9 last year, ACC Deputy Director MM Sabbir Hasan filed the case with Tejgaon Police Station.

On May 7 this year, the Anti-Corruption Commission (ACC) pressed charges against Hasina and the eight others.

The charge sheet mentions that the deal was given to Niko in an illegal way without floating tenders, allowing it to extract 1,794 billion cubic feet (bcf) gas from a reserve of 2,834 bcf. And this caused the country a loss of Tk 13,630.50 crore on the basis of the then price of gas.

http://www.thedailystar.net/story.php?nid=39936