Bangladesh News

Jatiya Party (JP) chief HM Ershad was acquitted yesterday in a graft case filed against him 14 years ago. The verdict came at a time when the ruling BNP is negotiating to have the dictator on their side in the upcoming elections in return for gradually withdrawing the cases pending against him.

The Special Court for Dhaka Division acquitted Ershad of illegal withdrawal of Tk 2,76,324 of income tax money without submitting any document in favour of his action.

The court had twice deferred the dates for delivering the verdict that was prepared about three years ago.

“That accused HM Ershad having found not guilty of the charge levelled against him under sections 409/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act be acquitted from the case. The accused person be discharged from his bail bond,” Malik Abdullah-Al-Amin, special judge of the Special Court, read out the judgment in a crowded courtroom amid tight security.

The prosecution failed to prove the charges against Ershad, the judge said.

Special Public Prosecutor Fazlur Rahman Khan expressed dissatisfaction at this. “I believe I have been able to prove the charges against Ershad by producing witnesses and giving their statements,” he told The Daily Star. He, however, said, “It is the judge’s jurisdiction to deliver the verdict acquitting or convicting any person.”

Asked if he will file an appeal against the verdict, he said he will decide about it after going through the verdict.

The same court also held the hearing on two other graft cases and fixed August 24 for delivering its decision whether charges will be framed or not against the deposed president.

On September 29, 2003, defence lawyer Sheikh Mohammad Serajul Islam said his client Ershad will not get justice from the court and sought adjournment of the delivery of the verdict.

The defence lawyers, however, did not express any such anticipation prior to delivering the verdict yesterday. “I am satisfied with the verdict,” Ershad’s counsel told reporters.

After the pronouncement of the verdict, the JP leaders and activists burst out in joy and started chanting slogans in the courtroom.

“I was acquitted of the charge as per provisions of the laws,” Ershad, who heads the second largest opposition party in parliament, told reporters on the court premises.

Meanwhile, many political analysts and legal experts observed that Ershad’s acquittal paved the way for his joining the four-party alliance as the ruling BNP has started to meet Ershad’s condition of withdrawing the cases against him.

The acquittal of Ershad has proved that BNP’s desperate move to bring Ershad in its electoral alliance ahead of the next parliamentary election is achieving success, they said.

The cases stuck for a long time gained speed for disposal soon after the BNP initiated moves for strengthening its electoral alliance by bringing Ershad, who could not contest the 2001 parliamentary election for conviction in a graft case.

Sources said a ruling BNP delegation met Ershad on Wednesday night and asked him to stop dithering and join the BNP-led coalition within this month. The tenure of the government expires in October.

The JP chief, however, remained rigid on his position demanding acquittal in the pending cases before formally joining the ruling electoral alliance but assured the BNP delegation that he will join the alliance in September.

Of the cases filed against the deposed president, the verdict in one is ready for delivery while 13 cases are under trial, two are under investigation and two are pending with the High Court following lower court verdicts.

The First Additional Metropolitan Sessions Judge’s Court on August 27 will deliver its verdict in a case against Ershad concerning allotment of plots to 49 persons during his presidency. Hearing on a case for smuggling gold will also be held at this court the same day.

Ershad, who had been in jail for five years during the tenure of the previous BNP government, was released on bail in cases one after another on political understanding with the Awami League (AL) government for supporting the AL to form the government in 1996.

The four-party alliance bagged 46 per cent votes in the last election while the AL alone secured 40.13 per cent and JP (Ershad) 7.25 per cent.

THE POLITICAL GAME
In a surprise move, BNP Senior Joint Secretary General Tarique Rahman and State Minister for Home Affairs Lutfozzaman Babar met Ershad at his residence on July 27 and proposed joining the four-party alliance.

The meeting took place following Ershad’s wife Roushan Ershad’s meeting with the prime minister on July 2.

After the July 27 meeting, Ershad declared that the BNP assured him of exemption from the graft cases.

In another development, Rawshan Ershad on Monday met Prime Minister and BNP Chairperson Khaleda Zia and demanded 50 seats for the JP in the next parliamentary election.

Meanwhile, the ruling party’s desperate move to have the JP in the alliance has triggered debates in the political arena. Even several senior JP leaders reacted sharply to Ershad’s declaration about joining the BNP-led coalition and threatened to form another faction of the party.

But Ershad remained rigid on his position to join the alliance as he does not want to be behind bars again, sources said.

A BNP delegation of Deputy Minister Ruhul Quddus Talukder and Jatiyatabadi Jubo Dal Secretary General Moazzem Hossain Alal MP went to Ershad’s Baridhara residence to discuss issues as outlined by Tarique Rahman.

Ershad also sent three of his party lawmakers led by Moshiur Rahman Ranga to talk “issues of his concern” with Tarique at the latter’s Hawa Bhaban office.

At the meeting that ran for over an hour, the JP lawmakers reportedly assured Tarique of Ershad’s joining the alliance as soon as he safely sees off a number of lawsuits against him.

Talking to The Daily Star yesterday, a JP presidium member said it seems at the moment that the party chief is advancing towards joining the BNP-led alliance. However, none but Ershad knows what he will do during the tenure of the caretaker government, he added.

VERDICT IN GRAFT CASE
The Special Court first deferred the delivery of the judgment in September 2003 when the defence lawyers stated that their client will not get justice from the court. The date was later re-fixed in July 2004 due to the judge’s illness.

Finally, the court yesterday pronounced the verdict in accordance with the date fixed on August 10.

The case was disposed of after hearing on 144 workdays by eight judges.

In the case filed with the Ramna Police Station, it was alleged that Ershad paid Tk 7,43,416 as income tax for six years (1983-1989) while in power. Later, he withdrew Tk 2,76,324 of the amount without submitting any document in favour of his action.

HEARING ON CHARGE-FRAMING
The Special Court held the hearing on charge-framing against Ershad and five others in two graft cases but did not give its decision.

In the first case, Ershad and former energy and mineral resources minister Anwar Hossain Manju are accused of causing a loss of $79,000 to the public exchequer.

The case filed with the Tejgaon PS alleged that the then president Ershad and Manju awarded a contract to the Scimitar Oils for drilling and exploring 1,650 square kilometres of area in Haripur oil field in 1987, which caused the loss.

The investigation officer (IO) of the case pressed charges against them on May 2, 2003.

In the other case, Ershad, former education minister Sheikh Shahidul Islam and three others are accused of purchasing two ships from Pakistan during 1988-1991 causing a huge wastage of public money.

It is alleged that Ershad, Sheikh Shahid, two high officials of Bangladesh Shipping Corporation and a businessman in collusion with others bought the ships by forging documents. This caused a loss of Tk 2,95,698,000 to the public exchequer.

The IO pressed charges against Ershad and the four others on August 27, 2003.