Trackback URL
Download PDF The High Court (HC) yesterday granted Sheikh Hasina ad interim bail in an extortion case and ordered the government not to have the case tried under the emergency power rules.
The ruling however does not mean the detained Awami League (AL) president will soon be released as meantime she has been shown arrested in another case.
At a courtroom crammed full of people, the HC also asked the military-backed interim government to reply within two weeks why its approval for trial of the case under the emergency rules should not be declared illegal.
The HC order came in response to a writ petition filed by Hasina, also a former prime minister, on Sunday. The petition challenged the legality of the government move to bring under the emergency power rules the Tk 3 crore extortion case against her.
Despite the court directions, proceedings can continue in line with other sections of law, in this particular case, the penal code.
Meanwhile, Law Adviser Barrister Mainul Hosein has told news agency UNB that the government would appeal against the HC order.
The joint forces held Hasina on July 16 and later that day a magistrate’s court sent her to a sub-jail on the Jatiya Sangsad Bhaban complex.
The same day the home ministry issued an order of approval taking the case under the Emergency Power Rules (EPR), 2007.
Earlier on June 13, Managing Director of Eastcoast Trading Pvt Ltd Azam J Chowdhury brought the charges against Hasina and Sheikh Fazlul Karim Selim of extorting Tk 2.99 crore from him for the work of Siddhirganj Power Plant in Narayanganj.
On July 24, Gulshan police indicted her together with her sister Sheikh Rehana and cousin Sheikh Selim, the prime accused.
The hearing on the writ petition began at around 2:30pm. Barrister Rafique-ul Huq, who turned in the petition Sunday on behalf of Hasina, argued that the case was arbitrarily placed under the emergency power rules, and there should be a stay on the proceedings.
More than 100 lawyers including former law minister Abdul Matin Khasru and Shahara Khatun were present during the hearing. Many AL leaders and workers including presidium member Motia Chowdhury too gathered at the court premises.
Many lawyers, journalists and AL men waited in the corridor as the courtroom was crammed full.
Additional Attorney General Salauddin Ahmed said that there was nothing wrong with the government’s having the case under the EPR, and it all has been done appropriately.
Opposing the prayer for bail, the state law officer said the court should allow the hearing to continue, and if she’s found not guilty, she would be freed.
On hearing both the sides, the court directed the government not to bring the case to trial under the EPR.
The secretary and additional secretary (law section-1) of the home ministry, and deputy inspector general of prison (Dhaka range) were made respondents in Hasina’s petition.
Officer-in-Charge (OC) of Gulshan Police Station Obaidul Haque submitted the charge sheet under sections 385(extortion)/109 (abetment)/34 (criminal liability) of the penal code.
He did not include in those section 19J (1) of the Emergency Power Rules, 2007 though the home ministry on July 16 notified that the emergency rules shall apply to the charges considering “public importance” of the case.
In her petition, Hasina alleged that the approval has been given without lawful authority and with an ill intention. It has curbed the defendant’s right to bail.
She also reasoned that there is no room for the government to come up with any such approval in her case as the charges were brought after April 8.
The government on that day incorporated in the emergency rules a provision allowing it to decide which of the cases filed up to April 8 are to be made bailable.
According to the petition, in no way the case against Hasina is of public importance as it concerns merely two individuals. Its inclusion in the EPR, 2007 even after expiry of the time stipulated in the provision clearly shows that the government is intent on detaining Hasina, no matter what it takes.
The April 8 provision came in response to public uproar and criticism about its March 21 amendment that curtailed the defendants’ right to seek bail and redress from any higher court until a case is resolved in a trial court.
GOVT TO APPEAL
UNB adds: Mainul Hosein yesterday said, “I have heard about it. The attorney general has informed me that they would appeal against the judgment.”
He said the government does not interfere in court proceedings as it believes that law will take its own course.
Asked about another extortion case in which Hasina has been shown arrested on Sunday, the adviser said, “It is a matter of the home ministry. We do not inquire about the cases pending at different courts.”
July 31st, 2007 at 3:29 am
Government should bring charges against Managing Director of Eastcoast Trading Pvt Ltd Azam J Chowdhury for paying bribe, Hasina as well as everyone involved should be punished.If CTG cannot get it right,then they should quit or let everyone go back to the past….
July 31st, 2007 at 3:48 am
All laws are made by Human being with the exception of Quranic Islamic Law.
The law is there to protect the interest : safety, security of individual including the human right.
Where an emergecy law exists for the cause of national security, to protect a country from corruption,Robberies, Lootings & terrorism, We see no inconsistency between the emergecy law & the constitutional law.
Both must be complementary to each other and must not give rise to friction between power doctrine of emergecy & constitutional Law.
Emergency Govt came in to existence not only by the Army support but also by the people’s Support.
We are pretty sure that All expert Barristers
supporting the Care Taker Government will throw a challenge on the Higher court of justices so that Emergency rules safeguarding Public interest
are accepted by the Supreme court of Bangladesh.
Criminals must not go unpunished!
Thank you.
July 31st, 2007 at 3:52 am
A Constitutional law can be amended or altered,
but the punishment of a crime against a country can never be altered!
July 31st, 2007 at 3:59 am
CTG…DO THEY STILL HAVE PEOPLE’S SUPPORT!!!!!