Writ filed challenging Hasina's detention
Monday, 30 July 2007
Detained Awami League (AL) chief Sheikh Hasina Sunday challenged in the High Court (HC) the government's decision to lodge an extortion case against her under the cover of emergency powers rules, reports bdnews24.com.
Hasina's attorney Rafique-ul Huq filed a writ appeal with the High Court bench of Justice Shah Abu Nayeem Muminur Rahman and Justice Jubaer Rahman Chowdhury at 1:00 pm. They might take up the writ petition for hearing on any day, court sources said.
"I took permission from the court in the morning to file the writ petition," the lawyer told the news agency.
Hasina's lawyers said the emergency powers rules cannot cover the alleged incident that had taken place before the state of emergency was clamped.
Sahara Khatun, AL's legal affairs secretary, Saturday said that they had enough grounds to challenge the case.
Khatun argued that Hasina was arrested under regular law but an order from the home ministry, issued hours after her arrest, said the case had been taken under cover of emergency powers rules.
A case under emergency powers rules means the accused will not get bail from court.
Hasina's lawyers have been arguing that the case could not be brought under emergency powers act since the so-called incident of extortion is an eight-year old affair.
Such an old case cannot be considered under the emergency powers rules that surfaced after the state of emergency was declared in mid-January, they said.
Hasina was arrested on July 16 at her Sudha Sadan home, and later a Dhaka court denied her bail and ordered her to jail.
On July 24, police formally charged Hasina with extortion, and the Chief Metropolitan Magistrate's Court for Dhaka in a second rule fixed August 16 to hear the case.
Hasina's sister Sheikh Rehana, who is abroad now, has also been charged in the case, although the complainant did not name her in the original complaint.
The case involves alleged extortion of Tk 29.90 million (2.99 crore) from a businessman in return for allowing him to build a power plant in Siddhirganj, Naraynganj during Hasina's regime in 1996-2001.
Azam Jahangir Chowdhury, managing director of Eastcoast Trading, filed the case on June 13 with Gulshan Police Station, accusing Hasina and former minister Sheikh Fazlul Karim Selim of extortion.
Meanwhile, the Chief Metropolitan Magistrate's Court for Dhaka Sunday granted a police appeal to show Awami League chief Sheikh Hasina arrested in an extortion case filed by businessman Noor Ali.
Metropolitan magistrate Md Mizanur Rahman made the order after Tejgaon police chief and investigating officer Jan-e-Alam appealed to court.
The Awami League chief will be taken to court on August 14, police said.
Businessman Noor Ali filed the Tk 50 million (5 crore) extortion case with Tejgaon Police Station against Hasina, Hasina's cousin Sheikh Helaluddin and his wife Rupa Chowdhury on June 13.
Noor Ali in the case details said he handed 12 cheques of Standard Chartered Bank and IFIC Bank to Hasina in Gono Bhaban, when she was the prime minister, to get permission for his business company Fortune Limited to set up thee power plants - one in Haripur of Naryanganj, one in Shikalbaha of Chittagong and the third in Khulna.
Hasina's attorney Rafique-ul Huq filed a writ appeal with the High Court bench of Justice Shah Abu Nayeem Muminur Rahman and Justice Jubaer Rahman Chowdhury at 1:00 pm. They might take up the writ petition for hearing on any day, court sources said.
"I took permission from the court in the morning to file the writ petition," the lawyer told the news agency.
Hasina's lawyers said the emergency powers rules cannot cover the alleged incident that had taken place before the state of emergency was clamped.
Sahara Khatun, AL's legal affairs secretary, Saturday said that they had enough grounds to challenge the case.
Khatun argued that Hasina was arrested under regular law but an order from the home ministry, issued hours after her arrest, said the case had been taken under cover of emergency powers rules.
A case under emergency powers rules means the accused will not get bail from court.
Hasina's lawyers have been arguing that the case could not be brought under emergency powers act since the so-called incident of extortion is an eight-year old affair.
Such an old case cannot be considered under the emergency powers rules that surfaced after the state of emergency was declared in mid-January, they said.
Hasina was arrested on July 16 at her Sudha Sadan home, and later a Dhaka court denied her bail and ordered her to jail.
On July 24, police formally charged Hasina with extortion, and the Chief Metropolitan Magistrate's Court for Dhaka in a second rule fixed August 16 to hear the case.
Hasina's sister Sheikh Rehana, who is abroad now, has also been charged in the case, although the complainant did not name her in the original complaint.
The case involves alleged extortion of Tk 29.90 million (2.99 crore) from a businessman in return for allowing him to build a power plant in Siddhirganj, Naraynganj during Hasina's regime in 1996-2001.
Azam Jahangir Chowdhury, managing director of Eastcoast Trading, filed the case on June 13 with Gulshan Police Station, accusing Hasina and former minister Sheikh Fazlul Karim Selim of extortion.
Meanwhile, the Chief Metropolitan Magistrate's Court for Dhaka Sunday granted a police appeal to show Awami League chief Sheikh Hasina arrested in an extortion case filed by businessman Noor Ali.
Metropolitan magistrate Md Mizanur Rahman made the order after Tejgaon police chief and investigating officer Jan-e-Alam appealed to court.
The Awami League chief will be taken to court on August 14, police said.
Businessman Noor Ali filed the Tk 50 million (5 crore) extortion case with Tejgaon Police Station against Hasina, Hasina's cousin Sheikh Helaluddin and his wife Rupa Chowdhury on June 13.
Noor Ali in the case details said he handed 12 cheques of Standard Chartered Bank and IFIC Bank to Hasina in Gono Bhaban, when she was the prime minister, to get permission for his business company Fortune Limited to set up thee power plants - one in Haripur of Naryanganj, one in Shikalbaha of Chittagong and the third in Khulna.