SC hears state side today

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The hearing of the state petitions seeking stay on High Court (HC) orders granting detained Awami League (AL) chief Sheikh Hasina bail in an extortion case and halting the ACC notice for submitting her wealth statement will be held in the Supreme Court (SC) today (Tuesday), reports UNB.
The government initiated the move to seek leave to appeal for overturning the twin-orders of the HC that stalled the process of action against the ex-PM under the current purge in the interim period.
A full court of the Appellate Division, comprising six judges headed by Chief Justice M Ruhul Amin, resumes at 9.00 am today with the hearings on the matters as the prime task, court sources said.
On August 7, the HC, following two writs filed by Hasina, detained in sub-jail since July 16, had granted her bail in connection with an extortion case and stalled the trial proceedings sans investigation.
The HC, upon another writ petition, halted the operation of the Anti-Corruption Commission (ACC) notice asking her to submit wealth statement.
The HC had also issued separate rule upon the government in this regard.
In the writs Hasina, challenged the legality of government action regarding the extortion case she faces under the stringent Emergency Power Rules (EPR) and the ACC notice asking her to submit wealth statement under the current drive against corruption.
The extortion case under the EPR debars an accused from seeking bail until the case is resolved in trial courts.
On June 13, the extortion case was filed with Tejgaon police station by Noor Ali, a business tycoon, accusing Hasina, and her cousin ex-AL lawmaker Sheikh Helal and his wife Rupa Chowdhury, of extorting from him Tk 50 million (5.0 crore) as toll.
Police are now investigating the case.
About the legality of the ACC notice, Hasina submitted that the anti-graft watchdog does not have any legal authority to issue such notice depending on mere surmise.
Meanwhile, according to the list of applications to be heard today, which was published yesterday, the government is yet to comply with the August 2 SC interim orders for filing a leave-to-appeal application by August 14 to overturn another identical HC orders regarding another extortion case against Hasina. A power company boss, Azam J Chowdhury, has filed the case.
The SC, responding to a government petition, had stayed operation of the HC orders that granted Hasina bail and stalled the trial proceedings in connection with this case.
"The matter will also come up for hearing," says the list.
Meanwhile the ACC Monday said there is no bar on its part in accepting Sheikh Hasina's wealth statement and now it is up to her whether she would submit it before the Appellate Division verdict.
"Hearing or order whatever you call it, there'll be a decision Tuesday…Till now, the court's position is in favour of the petitioner (Hasina). It depends on her if she'll submit her wealth statement within this time. On ACC's part, there is no problem in accepting it," ACC secretary Mokhles ur Rahman said in the Commission's regular briefing when asked if the ACC would accept Hasina's wealth statement.
Replying to a question, Mokhles said as per the government rules, letters have to be accepted, but "There is a difference between the arrival and lawfully acceptance of a letter.
In reply to another question, he said the wealth statement of former National Board of Revenue member ATM Sarwar Hossain was not received Monday.
The ACC secretary said the Commission is looking into the matter relating to the former NBR member and actions would be taken as per rules. "It'll be seen what mistakes have been done. The matter will be settled by Thursday."
Although Sarwar was served with notice to submit his wealth statement on July 3, the Commission is yet to decide whether to receive his statement or reject it.