SC asks govt to file regular appeal against HC verdict in Hasina case
Wednesday, 13 February 2008
The Appellate Division Tuesday halted until Feb 19 the proceedings of the government's interim appeal involving a previous High Court rule on a writ petition against extortion charges against Sheikh Hasina, report bdnews24.com and UNB.
Instead of delivering a verdict expected after a morning hearing, the apex court asked the government to file a regular appeal by Feb 19 against the HC rule. The state side had earlier filed a Civil Miscellaneous Petition (CMP) instead of filing a regular appeal.
A full bench of the Appellate Division, headed by Chief Justice Md Ruhul Amin, ended the hearing of arguments on the appeal, and it was widely expected that a final verdict would come Tuesday.
Hasina's counsels Tuesday said, the High Court verdict would remain in force since the verdict was not delivered. It means the proceedings in the trial court would also remain suspended, they said.
The High Court Wednesday cancelled the extortion case, filed by businessman Azam J Chowdhury, and ruled that trying the charges under the Emergency Powers Rules (EPR) was illegal, as the alleged crimes had taken place much before the emergency rules were imposed.
The state had said, the trail of the charges under EPR is legal.
The Appellate Division in its Tuesday ruling said, the government's Civil Miscellaneous Petition (CMP) would stand adjourned until Feb 19.
The Supreme Court in its order said, "The government appeal (CMP) seeking stay on the High Court verdict has been made stand over until February 19. The applicant has been ordered to collect a copy of the High Court verdict, and file a regular appeal by the time."
Hasina counsel Barrister Shafique Ahmed said, "The Supreme Court did not stay the High Court order."
Earlier Tuesday, Attorney General Fida M Kamal said in the court, "The HC verdict in the case has far-reaching implications. The court should, therefore, stay the verdict."
The court said, "We haven't read the HC verdict in the case. How can we hand down any ruling on this without reading it through?"
The Attorney General said, they could not attach the documents of the High Court verdict, as they hurriedly filed the writ petition on Feb 6.
Hasina's chief counsel Barrister Rafiq-ul Huq said, "The HC delivered the final verdict in the case. The Appellate Division cannot stay the HC verdict without reading it, as it is not an interim order."
The court said, the High Court's verdict was not an interim order, and the verdict came through scrutiny of all aspects of the case. So, it is not possible to give a final verdict without reading the copy of the High Court verdict, the Supreme Court said.
Hundreds of people and the Awami League supporters thronged the Supreme Court premises Tuesday expecting a final verdict.
Awami League Presidium Member Motia Chowdhury in an instant reaction said, "We have got a fair verdict in the High Court. We hope the Appellate Division would deliver a fair verdict too."
The charges against Hasina involve taking about Tk 30 million in extorted money from Azam Chowdhury during her rule in 1996-2001 in return for allowing him to build a power plant. Hasina's sister Sheikh Rehana and their cousin Sheikh Fazlul Karim are also accused in the case.
Hasina and the Awami League rejected the charges, saying they were aimed at preventing the party chief from contesting the polls, promised by the year-end.
Instead of delivering a verdict expected after a morning hearing, the apex court asked the government to file a regular appeal by Feb 19 against the HC rule. The state side had earlier filed a Civil Miscellaneous Petition (CMP) instead of filing a regular appeal.
A full bench of the Appellate Division, headed by Chief Justice Md Ruhul Amin, ended the hearing of arguments on the appeal, and it was widely expected that a final verdict would come Tuesday.
Hasina's counsels Tuesday said, the High Court verdict would remain in force since the verdict was not delivered. It means the proceedings in the trial court would also remain suspended, they said.
The High Court Wednesday cancelled the extortion case, filed by businessman Azam J Chowdhury, and ruled that trying the charges under the Emergency Powers Rules (EPR) was illegal, as the alleged crimes had taken place much before the emergency rules were imposed.
The state had said, the trail of the charges under EPR is legal.
The Appellate Division in its Tuesday ruling said, the government's Civil Miscellaneous Petition (CMP) would stand adjourned until Feb 19.
The Supreme Court in its order said, "The government appeal (CMP) seeking stay on the High Court verdict has been made stand over until February 19. The applicant has been ordered to collect a copy of the High Court verdict, and file a regular appeal by the time."
Hasina counsel Barrister Shafique Ahmed said, "The Supreme Court did not stay the High Court order."
Earlier Tuesday, Attorney General Fida M Kamal said in the court, "The HC verdict in the case has far-reaching implications. The court should, therefore, stay the verdict."
The court said, "We haven't read the HC verdict in the case. How can we hand down any ruling on this without reading it through?"
The Attorney General said, they could not attach the documents of the High Court verdict, as they hurriedly filed the writ petition on Feb 6.
Hasina's chief counsel Barrister Rafiq-ul Huq said, "The HC delivered the final verdict in the case. The Appellate Division cannot stay the HC verdict without reading it, as it is not an interim order."
The court said, the High Court's verdict was not an interim order, and the verdict came through scrutiny of all aspects of the case. So, it is not possible to give a final verdict without reading the copy of the High Court verdict, the Supreme Court said.
Hundreds of people and the Awami League supporters thronged the Supreme Court premises Tuesday expecting a final verdict.
Awami League Presidium Member Motia Chowdhury in an instant reaction said, "We have got a fair verdict in the High Court. We hope the Appellate Division would deliver a fair verdict too."
The charges against Hasina involve taking about Tk 30 million in extorted money from Azam Chowdhury during her rule in 1996-2001 in return for allowing him to build a power plant. Hasina's sister Sheikh Rehana and their cousin Sheikh Fazlul Karim are also accused in the case.
Hasina and the Awami League rejected the charges, saying they were aimed at preventing the party chief from contesting the polls, promised by the year-end.