HC grants bail to Hasina in extortion case
July 31, 2007 00:00:00
The High Court (HC) Monday granted bail to detained former Prime Minister and Awami League chief Sheikh Hasina, halting all proceedings of an extortion case against her, report agencies.
Moreover, the HC issued a rule asking the government to explain why its action incorporating the case against Hasina in the ambit of the Emergency Power Rules "should not be declared illegal".
The court stayed all proceedings of the case-filed by a power-company boss-pending with the Chief Metropolitan Magistrate (CMM) court of Dhaka.
A division bench comprising Justice Shah Abu Nayem Mominur Rahman and Justice Zubayer Rahman Chowdhury, after hearing a writ petition of Hasina, passed the orders.
"The rule is returnable in two weeks," says the court edict.
Hasina, arrested in a predawn raid on her Sudha Sadan home on July 16 by joint forces in an operation under the state of emergency, has been detained in a sub-jail in the parliament-building complex.
She submitted her petition through her lawyers, as her party put up a legal battle against the caretaker regime's action.
However, the chance for the detained former prime minister to get freedom from jail anytime soon is slim as the police Sunday showed her arrested in another extortion case.
In instant reaction, Hasina's chief counsel barrister Rafique-ul-Huq told reporters: "Sheikh Hasina got justice. She will get justice in future too."
"Sheikh Hasina is not getting freedom anytime soon though. She is facing more cases, but we will battle them all out in court," Rafique-ul-Huq said.
The army-backed emergency government Sunday moved to scuttle the chance for Hasina to find a legal way out of prison, by showing her arrested in a case filed by businessman Noor Ali.
A case under emergency powers rules means the accused will not get bail from the trial court.
"She (Hasina) has been named in the FIR with some malafide motive...to harass and humiliate her," the petition alleged.
"The case is not of public importance. "
The petition said the inclusion of such less important case under the emergency powers rules clearly shows that the government is adamant to detain the petitioner by "any means, curtailing scope for obtaining bail from any court".
The petition that gave a detailed description of the case filed by Azam Jahangir Chowdhury alleged that the police submitted a charge sheet without an investigation.
Businessman Noor Ali filed the Tk 50 million extortion case with Tejgaon Police Station against Hasina, Hasina's cousin Sheikh Helaluddin and his wife Rupa Chowdhury on June 13.
Noor Ali in the case details said he handed 12 cheques of Standard Chartered Bank and IFIC Bank to Hasina in Gono Bhaban, when she was the prime minister, to get permission for his business company Fortune Limited to set up three power plants-one in Haripur of Naryanganj, one in Shikalbaha of Chittagong and the third in Khulna.
Noor Ali alleged Sheikh Helaluddin demanded Tk 10 million or a flat worth Tk 10 million as he helped him get the permission. Noor Ali handed over the documents of the two flats to Rupa Chowdhury.
Another report adds: The HC Monday fixed August 22 to hear the appeal for close the corruption case against Hasina on charges of appointing a foreign consultant to BEPZA.
The HC bench of Justice Nazrul Islam Chowdhury and Justice Md Ataur Rahman Khan set the date following an appeal by public prosecutor Abdur Rauf Miah.
Miah said Hasina appealed to the court to cancel the case in 2002 and hearing on appeals for quashment of her other cases have been set. So all the hearings should take place together, he argued.
Abdullah Al Zahid, a former Anti-Corruption Bureau official, filed the case with Tejgaon Police Station against Hasina and three others on December 11, 2001.
The case details said the Hasina-led Awami League floated a tender in breach of the rules and appointed their selected consultancy firm.
Hasina being the prime minister at the time abused power and forced the government to incur a loss of $3.6 million.
Meanwhile, Acting Awami League president Zillur Rahman said Monday he was overjoyed by the High Court bail to Sheikh Hasina.
Meanwhile, Law Adviser Barrister Mainul Hosein said the government would move appeal against Monday's High Court verdict granting bail to detained ex-PM Sheikh Hasina in an extortion case.
"I have heard about it. The Attorney General informed me that they would appeal against the judgement," the Adviser of the caretaker government told UNB in the evening.
He said the government does not interfere in court proceedings as "we believe that law will take its own course." If one proves innocence in the court of law, an accused will obviously be released, he added.