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Download PDF The High Court (HC) yesterday granted bail to detained BNP Chairperson Khaleda Zia in a graft case and ordered the government to explain within six weeks why its bringing the charges under the emergency power rules shall not be declared illegal.
The court also stayed proceedings of the case filed against the former premier, her younger son Arafat Rahman Koko, and 11 others for corruption in awarding Global Agro Trade (Pvt) Co Ltd (Gatco) the contract for container management at the Dhaka Inland Container Depot (ICD) and the Chittagong Port ICD yards.
The rulings came in response to separate writ petitions filed on Thursday by Khaleda and Koko challenging the validity of the government move that brought the case under the emergency rules. The two also questioned the legality of filing and continuing the suits against them.
The bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Zubayer Rahman Chowdhury Rahman however did not grant bail to Koko, also in detention.
Barrister Rafique-ul Huq moved the petitions for the defendants.
Talking to reporters, he said that now there is no technical bar to releasing the BNP chief.
Barrister Mahbubuddin Khokan, another defence lawyer, said that since Khaleda Zia is not arrested on any other charges, she should soon be freed given that the bail order remains valid.
He also said, “The court did not reject the bail prayer of Arafat. We still have scope to seek bail for him in this [Gatco] case.”
A deputy director of the Anti-Corruption Commission (ACC) brought the proceedings against the mother and son on September 2. He alleged that the selection of Gatco for container handling meant a loss of over Tk 1,000 crore to the government exchequer.
Counsels for Khaleda argued that the government’s having the case under the emergency rules is illegal, as the incident leading up to the charges had taken place long before the state of emergency was declared.
Besides, the anti-graft body cannot give approval for filing such a case, they added.
Asked about whether investigation of the case will go on, Barrister Khokan said the court did not say anything specific in this regard.
In reaction to the interim bail order and the rule issued on the government, ACC Secretary Mokhles Ur Rahman yesterday told reporters, “We respect the court’s decision.”
In reply to a query, he said the complainant filed the case as part of his job.
Meanwhile, sources at the Attorney General’s Office said the government would appeal to the Supreme Court (SC) against the HC decisions.
SC ON MOUDUD DETENTION
UNB reports: The Appellate Division of the SC yesterday summarily dismissed the government’s petition seeking a stay on the HC ruling that had declared illegal former law minister Moudud Ahmed’s detention under the Special Powers Act.
A four-member bench with Chief Justice M Ruhul Amin in the chair passed the order.
Upon a petition, the HC ruled against the detention on September 12.
The joint forces arrested the BNP leader at his Gulshan residence on April 13. He was initially served with a 30-day detention order that was later extended by another 19 days.
October 2nd, 2007 at 5:56 am
Is there a real “JUSTICE” existed under this Care-taker government?
The High Court decision and these Justice granted bail for former prime minister Begum Khaleda Zia will be accepted by the present Lawmaker of the country.
There is no doubt that the emergency power rules will defend and justify its legality within six weeks or will file new cases against the former prime minister.
Already the decision of the High Court has raised question amongst the party, due to the leadership of BNP itself, whom are cooperating with the care-taker government for the safe guard of their own position, now unbalanced.
October 3rd, 2007 at 5:15 am
Correction: ” will not be accepted by the present Lawmaker of the country”