HC stays Barapukuria case
Friday, 17 October 2008
The High Court (HC) stayed the proceedings of the Barapukuria graft case, just hours after former Prime Minister Khaleda Zia among other accused made their first appearance in trial court to face charges in the case Thursday, reports bdnews24.com.
The High Court bench of Justice Syed Md Dastagir Hossain and Justice Farid Ahmed stayed the case for three months on the appeal filed by Khaleda Zia to quash the case.
It also asked the government and the Anti-corruption Commission (ACC) to explain within two weeks why the case should not be cancelled.
"The High Court order states that the case proceedings will not run in the trial court for the period," Khaleda's lawyer Abdul Aziz Khan told reporters after the verdict.
"The ACC was not wrong in filing the case. But the High Court has the power to stay the case," he added.
The trial court in question, meanwhile, had ordered the proceedings of the high-profile case to be shifted in a special court on the Jatiya Sangsad Bhaban complex.
Dhaka Metropolitan Session Judge Md Azizul Haque gave the order earlier Thursday, after the appearance of Khaleda caused chaos around the court and surrounding areas of the old city.
The BNP chairperson arrived on the court premises to be met by very large crowds of supporters jamming the streets and breaking into demonstrations.
Thousands of BNP supporters thronged the approach to Old Dhaka's session courts since morning, as word had it that the party chief was on her way, the crowds brought traffic to a standstill and security men were forced to virtually close the court premises allowing only lawyers to enter.
Others accused in the case, M Shamsul Islam, Motiur Rahman Nizami and MK Anwar, also appeared for the hearing.
Defence and prosecution lawyers were involved in heated debate from the very start of the hearing.
State counsel Mosharraf Hossain Kajal told the court Nizami should be sent to jail immediately.
Nizami's lawyers protested the statement.
The High Court had previously ordered Nizami's bail would be effective until charges were pressed in the case. The chargesheet was submitted on October 6. He is still enjoying bail.
Khaleda's lawyer, advocate Sanaullah Miah said that the HC had awarded her four months' bail on September 10.
They had also submitted an appeal to the HC to quash the case, which was awaiting a hearing, he pointed out.
The lawyer asked the trial court to stay the case proceedings until the hearing of the appeal was held.
The judge left the room without giving any ruling on Nizami's bail.
Khaleda appealed to the High Court on October 12, seeking cancellation of the case.
Khaleda's chief counsel, barrister Rafique-ul-Huq, said in the High Court hearing Thursday that the ACC's final report submitted on June 1 found that no allegation could be proved over irregularities in leasing out Barapukuria coalmine.
The case was filed wrongly, Huq argued.
ACC deputy director Abul Kashem Fakir pressed charges in the case against 16 people, including Khaleda, on October 5.
The Commission filed the case on February 26, accusing the immediate past BNP-led government of incurring losses of Tk 1.5871 billion (158.71 crore) to the state due to an agreement with China National Machinery Import and Export Corporation (CMC).
Khaleda's one-time confidante Abdul Mannan Bhuiyan, whom she fired as BNP secretary general for his alleged links to the current government, was among others on the list of accused ordered to appear in the trial court Thursday morning.
He failed to appear due to illness.
Former finance minister M Saifur Rahman, Jamaat leader Ali Ahsan Mohammad Mujahid were also summoned by the session judge Azizul Haque.
Two other accused, Khandaker Mosharraf Hossain and Altaf Hossain Chowdhury, are currently in detention.
The High Court bench of Justice Syed Md Dastagir Hossain and Justice Farid Ahmed stayed the case for three months on the appeal filed by Khaleda Zia to quash the case.
It also asked the government and the Anti-corruption Commission (ACC) to explain within two weeks why the case should not be cancelled.
"The High Court order states that the case proceedings will not run in the trial court for the period," Khaleda's lawyer Abdul Aziz Khan told reporters after the verdict.
"The ACC was not wrong in filing the case. But the High Court has the power to stay the case," he added.
The trial court in question, meanwhile, had ordered the proceedings of the high-profile case to be shifted in a special court on the Jatiya Sangsad Bhaban complex.
Dhaka Metropolitan Session Judge Md Azizul Haque gave the order earlier Thursday, after the appearance of Khaleda caused chaos around the court and surrounding areas of the old city.
The BNP chairperson arrived on the court premises to be met by very large crowds of supporters jamming the streets and breaking into demonstrations.
Thousands of BNP supporters thronged the approach to Old Dhaka's session courts since morning, as word had it that the party chief was on her way, the crowds brought traffic to a standstill and security men were forced to virtually close the court premises allowing only lawyers to enter.
Others accused in the case, M Shamsul Islam, Motiur Rahman Nizami and MK Anwar, also appeared for the hearing.
Defence and prosecution lawyers were involved in heated debate from the very start of the hearing.
State counsel Mosharraf Hossain Kajal told the court Nizami should be sent to jail immediately.
Nizami's lawyers protested the statement.
The High Court had previously ordered Nizami's bail would be effective until charges were pressed in the case. The chargesheet was submitted on October 6. He is still enjoying bail.
Khaleda's lawyer, advocate Sanaullah Miah said that the HC had awarded her four months' bail on September 10.
They had also submitted an appeal to the HC to quash the case, which was awaiting a hearing, he pointed out.
The lawyer asked the trial court to stay the case proceedings until the hearing of the appeal was held.
The judge left the room without giving any ruling on Nizami's bail.
Khaleda appealed to the High Court on October 12, seeking cancellation of the case.
Khaleda's chief counsel, barrister Rafique-ul-Huq, said in the High Court hearing Thursday that the ACC's final report submitted on June 1 found that no allegation could be proved over irregularities in leasing out Barapukuria coalmine.
The case was filed wrongly, Huq argued.
ACC deputy director Abul Kashem Fakir pressed charges in the case against 16 people, including Khaleda, on October 5.
The Commission filed the case on February 26, accusing the immediate past BNP-led government of incurring losses of Tk 1.5871 billion (158.71 crore) to the state due to an agreement with China National Machinery Import and Export Corporation (CMC).
Khaleda's one-time confidante Abdul Mannan Bhuiyan, whom she fired as BNP secretary general for his alleged links to the current government, was among others on the list of accused ordered to appear in the trial court Thursday morning.
He failed to appear due to illness.
Former finance minister M Saifur Rahman, Jamaat leader Ali Ahsan Mohammad Mujahid were also summoned by the session judge Azizul Haque.
Two other accused, Khandaker Mosharraf Hossain and Altaf Hossain Chowdhury, are currently in detention.