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Download PDF In the face of objection from former premier Sheikh Hasina’s counsel, the Supreme Court yesterday re-fixed the hearing for tomorrow on the government appeal against the landmark High Court verdict that quashed an extortion case against her.
Following an argument of Attorney General Fida M Kamal and Barrister Rafiqe-ul Huq, chief counsel for Hasina, the six-member full bench of the Appellate Division headed by acting Chief Justice M Fazlul Karim adjourned hearing.
Barrister Rafique objected to the hearing on the government petition arguing that the petition has not been filed properly as per the Supreme Court of Bangladesh (Appellate Division) Rules, 1988.
Some required documents have not been filed with the petition, he argued, adding that the provisional leave petition filed by the government cannot be entertained or heard.
On the other side, AG Fida M Kamal argued that he was ready for hearing on the petition.
The AG, in his submission, repeatedly asked the court to hold hearing on their petition as it is a public important case and the HC verdict has impact on some other cases.
The HC verdict on Wednesday also declared illegal bringing the Tk 2.99 crore extortion case against Hasina filed by businessman Ajam J Chowdhury under the Emergency Power Rules.
The state counsel also said he would submit his argument on the documents they had submitted with the petition.
At 9:35am when the argument was on, he also asked for holding the hearing at 11:30am.
At that point, Justice Fazlul Karim wanted to know opinion from Hasina’s counsel. But Barrister Rafique objected to the proposal, saying the government petition was not filed as per the rules.
At that point, the court asked for upholding the dignity of the SC as well as other courts.
“The Supreme Court is an institution, it is expected that everyone will uphold the dignity of this institution,” the court observed before adjourning the hearing and re-fixing it for tomorrow.
Meanwhile, as the HC scrapped the case, hearing on its trial won’t take place tomorrow as fixed by Judge Azizul Huq of the Court of Metropolitan Sessions Judge, Dhaka specially set up at the national parliament complex.
On February 5, Hasina expressed her no confidence to the trial court, raising questions over the court’s neutrality. She also submitted a time petition saying that she would like to move to the HC to transfer the trial court.
On the same day the trial court adjourned hearing of the case until today.
Hasina’s another counsel Barrister Shafique Ahmed yesterday told the press they did not file a petition as the HC has already quashed the case.
“The High Court has quashed the proceedings of the case. So the case doesn’t exist and it’s not necessary to file petition for transferring it to another court,” said Barrister Shafique.
The HC verdict came following Hasina’s writ filed on July 29 last year. The HC bench of Justice Nayeem and Justice Zubayer Rahman Chowdhury had issued a rule on the government, asking it to reply why its approval for bringing the case under EPR should not be declared illegal.
The HC division bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam declared the verdict. A couple of hours into the verdict the government filed a petition seeking a stay on it.
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