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Download PDF The Supreme Court (SC) today hears a government petition seeking a stay on the operation of the High Court verdict on the extortion case against former prime minister Sheikh Hasina.
Earlier on Wednesday, the High Court, following a writ petition, declared illegal the trial of a Tk 3-crore extortion case filed by businessman Azam J Chowdhury against the ex-prime minister under the Emergency Power Rules (EPR) and scrapped the case.
Court sources said Attorney General Fida M Kamal has filed the stay petition, as it prefers to appeal to overturn the High Court verdict.
On the other hand, Barrister Rafique-ul Huq, the principal counsel for Hasina, encountered the government petition.
The government said since it has not yet received the certified copy of the HC judgment, it wants an interim stay on operation of the HC judgment and orders.
The government further submitted that the High Court what it said exceeded its jurisdiction in quashing the trial proceedings of the extortion case.
Barrister Rafique-ul Huq opposed the government plea on the grounds that the government has not complied with the set rules of the Appellate Division in filing the provisional leave petition. “So, it cannot be entertained for hearing.”
He contended that unless the High Court orders and judgment are set aside by the Appellate Division through hearing a regular leave petition on merit, the High Court judgment cannot be stayed.
Any such attempt would amount to frustrating the High Court judgment passed under Article 102 of the Constitution, as Article 102 is one of the basic pillars of the Constitution. “Such a provision cannot be frustrated or knocked down without examining the judgement of the High Court Division.”
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