Khaleda challenges Gatco case
Friday, 11 July 2008
Former Prime Minister (PM) Khaleda Zia submitted a writ petition with the High Court (HC) Thursday challenging the legality of the Gatco graft case against her, reports bdnews24.com.
Lawyer Shamsur Rahman Shimul Biswas filed the writ petition on behalf of the BNP chief. A HC bench is scheduled to hear the petition Sunday.
Khaleda has appealed to the court to cancel the case and to stay the proceedings of the case in lower court as an initial step.
In her challenge against the case, Khaleda also sought a rule nisi on the government to explain why filing and proceedings of the case should not be declared illegal.
The chairman of the Anti-corruption Commission, the Home secretary and Dhaka Special Judge's Court-3 were among those made respondents to the petition.
Approval to file the case and submit charge sheet in the case was not undertaken by the authorities following due legal procedure, claims the petition.
An ACC commissioner approved the case, not the CEC, according to the petition.
Nor does the ACC have the authority to examine the activities of Khaleda Zia as prime minister, which were carried out as per 'the rules of business', it claims.
The former PM submitted a previous writ petition to the HC, on September 27 last year, challenging the transfer of the Gatco case under emergency powers rules (EPR).
On Sept 30, the HC stayed the proceedings against Khaleda in the Gatco case and granted her bail.
On Oct 4, the Appellate Division put freezes on the HC ruling for three weeks. The ACC later appealed to the Appellate Division to extend the period.
The ACC filed the case against Khaleda Zia, son Arafat Rahman Coco and 11 others with Tejgaon Police Station on Sept 2 last year, on charges of awarding Global Agro Trade Company a cargo-handling deal through misuse of power.
Lawyer Shamsur Rahman Shimul Biswas filed the writ petition on behalf of the BNP chief. A HC bench is scheduled to hear the petition Sunday.
Khaleda has appealed to the court to cancel the case and to stay the proceedings of the case in lower court as an initial step.
In her challenge against the case, Khaleda also sought a rule nisi on the government to explain why filing and proceedings of the case should not be declared illegal.
The chairman of the Anti-corruption Commission, the Home secretary and Dhaka Special Judge's Court-3 were among those made respondents to the petition.
Approval to file the case and submit charge sheet in the case was not undertaken by the authorities following due legal procedure, claims the petition.
An ACC commissioner approved the case, not the CEC, according to the petition.
Nor does the ACC have the authority to examine the activities of Khaleda Zia as prime minister, which were carried out as per 'the rules of business', it claims.
The former PM submitted a previous writ petition to the HC, on September 27 last year, challenging the transfer of the Gatco case under emergency powers rules (EPR).
On Sept 30, the HC stayed the proceedings against Khaleda in the Gatco case and granted her bail.
On Oct 4, the Appellate Division put freezes on the HC ruling for three weeks. The ACC later appealed to the Appellate Division to extend the period.
The ACC filed the case against Khaleda Zia, son Arafat Rahman Coco and 11 others with Tejgaon Police Station on Sept 2 last year, on charges of awarding Global Agro Trade Company a cargo-handling deal through misuse of power.