SC overrules HC order staying Hasina's trial in extortion case
Friday, 14 December 2007
Endorsing the government plea, the Supreme Court (SC) Thursday overruled the High Court (HC) order that stayed the trial of the detained former Prime Minister Sheikh Hasina on an extortion charge at a makeshift court, report UNB and bdnews24.com.
Following a writ petition filed by her, the HC last Sunday stayed the trial proceedings of the Tk 30 million extortion case, filed by businessman Azam Jahangir Chowdhury.
The HC had also issued a rule upon the government to explain why the November 26 gazette notification directing the Dhaka Metropolitan Sessions Judge to hold the trial of Hasina and two others at a makeshift court 'should not be declared without lawful authority.'
Following the HC orders, the trial court judge, M Azizul Haque, postponed the trial proceedings against the Awami League chief for next three months up to March 8, 2008.
Thereafter, the Appellate Division, headed by Chief Justice M Ruhul Amin, stayed the HC orders, thereby clearing the holding of trial at the relocated court in the parliament-building complex.
Barrister Rafique-ul Huq, the chief counsel for Hasina, said, after the verdict the trial would now be held in the special court. He, however, said, "We will have to look at the matter from a different perspective after the separation of the Judiciary. The government does not have the power to order the relocation of the court."
Reacting to the latest court orders, Barrister Shafique Ahmed, another top counsel for Hasina, told the newsmen that it was "unheard of" without hearing the other side.
He said, they were surprised and disappointed. In my 40 years of legal profession, I have never experienced such an event in the highest court of law, he said. He added that they did not get adequate scope during hearing.
Asked whether he finds the SC order biased, Barrister Shafique termed it as "exparte decision", citing the legal maxim 'justice should not only be done, but it must be seen to have been done'.
Following a writ petition filed by her, the HC last Sunday stayed the trial proceedings of the Tk 30 million extortion case, filed by businessman Azam Jahangir Chowdhury.
The HC had also issued a rule upon the government to explain why the November 26 gazette notification directing the Dhaka Metropolitan Sessions Judge to hold the trial of Hasina and two others at a makeshift court 'should not be declared without lawful authority.'
Following the HC orders, the trial court judge, M Azizul Haque, postponed the trial proceedings against the Awami League chief for next three months up to March 8, 2008.
Thereafter, the Appellate Division, headed by Chief Justice M Ruhul Amin, stayed the HC orders, thereby clearing the holding of trial at the relocated court in the parliament-building complex.
Barrister Rafique-ul Huq, the chief counsel for Hasina, said, after the verdict the trial would now be held in the special court. He, however, said, "We will have to look at the matter from a different perspective after the separation of the Judiciary. The government does not have the power to order the relocation of the court."
Reacting to the latest court orders, Barrister Shafique Ahmed, another top counsel for Hasina, told the newsmen that it was "unheard of" without hearing the other side.
He said, they were surprised and disappointed. In my 40 years of legal profession, I have never experienced such an event in the highest court of law, he said. He added that they did not get adequate scope during hearing.
Asked whether he finds the SC order biased, Barrister Shafique termed it as "exparte decision", citing the legal maxim 'justice should not only be done, but it must be seen to have been done'.