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HC stays extortion case proceedings


Posted on Friday, January 18th, 2008 at 2:52 am
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The High Court (HC) yesterday stayed proceedings of the extortion case against former prime minister Sheikh Hasina at the trial court until disposal of a rule pending in an HC bench.

The HC bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam passed the order following an application filed by Awami League chief Hasina seeking stay till disposal of the rule.

Following a writ filed by Hasina, the HC bench on July 30 last year issued a rule on the government to explain why bringing the extortion case under the Emergency Power (EPR) Rules should not be declared illegal.

As the rule is still pending in the HC, Hasina’s counsels on January 13 submitted a prayer before Judge Azizul Huq of the Court of Dhaka Metropolitan Sessions Judge not to proceed with the trial till disposal of the rule.

But the trial court rejected the prayer. Hasina’s counsel yesterday moved to the HC with an appeal to stay further proceedings of the case at the trial court.

Barrister Rafiqul Huq moved the application as Hasina’s counsel, while Attorney General (AG) Fida M Kamal stood for the state.

The attorney general said the government would file an appeal with the Supreme Court (SC).

Meanwhile, though the trial against Hasina was scheduled to begin yesterday Judge Azizul Huq of the trial court adjourned its function till next Monday following a time prayer submitted by Hasina’s counsel.

The court also fixed January 21, 22 and 23 for trial of the case. The stay came a couple of hours after the date fixing.

The trial court on January 13 framed charges against Hasina, her sister Sheikh Rehana and cousin former health minister Sheikh Fazlul Karim Selim in the Tk 2.99 crore extortion case filed by Managing Director of Eastcoast Trading Pvt Ltd Azam J Chowdhury with Gulshan Police Station on June 13 last year.

Azam charged Hasina and Selim with extorting the sum from him for the work of Siddhirganj Power Plant in Narayanganj.

On July 24, Gulshan police indicted her together with Rehana and Selim as the prime accused.

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 approval for the case to be taken under the EPR, 2007. The order was signed by Mohammad Mohsin, an additional secretary of the home ministry.

Hasina filed a writ challenging the inclusion of EPR in the case and the HC issued a rule on the secretary and the additional secretary (law section-1) of the home ministry and the deputy inspector general of prison (Dhaka range) asking them to reply why the approval won’t be declared illegal.

Hasina and Selim appeared in the dock yesterday morning and their counsels sought time from the court for consultation with their clients.

The counsels of Hasina argued that they need to have an effective consultation with Hasina and Selim for making preparation to defend the case. They petitioned for adjourning the trial for a day.

Hasina also told the court she cannot talk freely with her counsels in the courtroom as the court gives her time for it on completion of the daily proceedings.

Complaining about “bugging” the discussions with her lawyers in the courtroom, Hasina sought necessary directives so that she can have the consultation in prison.

She also alleged what she says could be heard or learned even from outside as her speeches are being recorded by recording devices and later sent outside.

She also alleged a major part of her speeches was leaked out of the courtroom till now. She mentioned detectives and intelligence officials keeping an eye on the attendants in the courtroom and also leaking out what she says.

“As I was involved in the way the government works, I know how all these work. I might have had many things or secret words to say that should not be leaked out or heard by other people.”

She said when she talks with lawyers in jail, people from jail authorities remain present and take note of her speech.

Hasina added that the people taking notes do not stop even though she tells them about the jail code.

Hasina sought a court order directing the jail authorities that she should be allowed to talk with her lawyers privately and that they should keep watch on her movement within sight limit but stay beyond hearing.

Hasina also added that people from different agencies always keep their ear on the door. As she suspects the people of eavesdropping, she has started to write down instead of talking to her counsels, she added.

“But at this point they have forbidden me to write anything.”

The court allowed both Hasina and Selim to meet five lawyers each on next Saturday and Sunday in jail.

The judge also said he would give an observation on the matter of eavesdropping in the order passed to jail authorities regarding the accused meeting with lawyers.

UNB ADDS
Hasina yesterday asked her party men to prepare for the next general elections to restore democracy.

Hasina, who appeared in the court in connection with an extortion case, passed on the advice through acting Awami League President Zillur Rahman who was present at the court during consultations with her lawyers.

During her appearance in the trial court a few days ago, Hasina had demanded election to parliament by March-April.

Without mentioning any name, Hasina said she did not whiten any black money but she has information that an eminent lawyer who whitened several crore taka has now waged war against black money.

Hasina also expressed concern over soaring prices of essentials as she said during her rule prices of essentials were within the reach of the common people.

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