HC stays for 3 months trial proceedings of Mig-29 graft case against Hasina
Friday, 19 September 2008
The High Court (HC) Thursday stayed for three months the trial-court proceedings on the long-pending Mig-29 warplane purchase graft case against former Prime Minister Sheikh Hasina, now abroad on parole, reports UNB.
Passing the order of stay, upon a writ petition filed for Hasina, a division bench comprising Justice AFM Abdur Rahman and Justice SM Emdadul Huq also issued rule asking the government and the Anti-corruption Commission (ACC) to explain why the framing of charges against the petitioner by the trial court and continuation of its proceedings "should not be declared illegal".
The rule is made returnable in three weeks.
On Wednesday, the hearing of Awami League president Hasina's writ petition on the warplane-purchase graft case was held back for a day as one of the judges of a HC division bench felt embarrassed to hear it.
Later, the Chief Justice posted the matter for disposal with the division bench headed by Justice AFM Abdur Rahman.
The case is now pending with Dhaka divisional special judge's court relocated to the high-security parliament complex for holding trial of high-profile graft suspects under the emergency rule.
On August 20, Judge Golam Mortuza Majumder of the special divisional judge's court indicted Hasina and five others and fixed September 3 for commencing the trial through recording prosecution witnesses' depositions and their cross-examinations by the defence counsel.
Hasina was represented by her lawyer Advocate Sahara Khatun at the trial court during charge framing as she has been exempted from appearing in person during the proceedings of the MiG-29 graft case since June 9.
Earlier, the court, being informed about the death of co-accused former army chief Gen (retd) Mustafizur Rahman in the meantime, relieved him of the charge posthumously.
The five other accused standing trial are former air-force chief Jamaluddin Ahmed, former defence secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhter Maruf, former joint secretary Mohammad Hossain Serniabat, and Unique Group Managing Director Noor Ali.
According to the case story, Hasina, while in power, in collaboration with the other accused, had unnecessarily purchased eight Russian-made MiG-29 jet fighters for gaining benefits, causing a loss of Tk 7.0 billion (700 crore) to the state coffer.
The case was filed during the BNP-led alliance rule. The now-defunct Bureau of Anti-corruption filed the case with Tejgaon police station on December 11, 2001.
The interim caretaker government took initiative to expedite the case disposal through legal battle.
Barrister Shafique Ahmed, assisted by Barrister Fazle Noor Tapas, appeared for Hasina. Additional attorney general Mansur Habib and Golam Kibria stood for the government and the ACC respectively.
Passing the order of stay, upon a writ petition filed for Hasina, a division bench comprising Justice AFM Abdur Rahman and Justice SM Emdadul Huq also issued rule asking the government and the Anti-corruption Commission (ACC) to explain why the framing of charges against the petitioner by the trial court and continuation of its proceedings "should not be declared illegal".
The rule is made returnable in three weeks.
On Wednesday, the hearing of Awami League president Hasina's writ petition on the warplane-purchase graft case was held back for a day as one of the judges of a HC division bench felt embarrassed to hear it.
Later, the Chief Justice posted the matter for disposal with the division bench headed by Justice AFM Abdur Rahman.
The case is now pending with Dhaka divisional special judge's court relocated to the high-security parliament complex for holding trial of high-profile graft suspects under the emergency rule.
On August 20, Judge Golam Mortuza Majumder of the special divisional judge's court indicted Hasina and five others and fixed September 3 for commencing the trial through recording prosecution witnesses' depositions and their cross-examinations by the defence counsel.
Hasina was represented by her lawyer Advocate Sahara Khatun at the trial court during charge framing as she has been exempted from appearing in person during the proceedings of the MiG-29 graft case since June 9.
Earlier, the court, being informed about the death of co-accused former army chief Gen (retd) Mustafizur Rahman in the meantime, relieved him of the charge posthumously.
The five other accused standing trial are former air-force chief Jamaluddin Ahmed, former defence secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhter Maruf, former joint secretary Mohammad Hossain Serniabat, and Unique Group Managing Director Noor Ali.
According to the case story, Hasina, while in power, in collaboration with the other accused, had unnecessarily purchased eight Russian-made MiG-29 jet fighters for gaining benefits, causing a loss of Tk 7.0 billion (700 crore) to the state coffer.
The case was filed during the BNP-led alliance rule. The now-defunct Bureau of Anti-corruption filed the case with Tejgaon police station on December 11, 2001.
The interim caretaker government took initiative to expedite the case disposal through legal battle.
Barrister Shafique Ahmed, assisted by Barrister Fazle Noor Tapas, appeared for Hasina. Additional attorney general Mansur Habib and Golam Kibria stood for the government and the ACC respectively.