Bangladesh News

The Appellate Division yesterday did not stay the landmark High Court verdict that declared illegal bringing the Tk 2.99 crore extortion case against former premier Sheikh Hasina under Emergency Power Rules (EPR) and also scrapped the case.

The Appellate Division also directed the government to file regular leave to appeal by February 19. As the Appellate Division did not stay the HC verdict, it is still in effect with the trial of the case being stalled, said Hasina’s counsels.

The seven-member full bench of the Appellate Division headed by Chief Justice Mohammad Ruhul Amin, however, did not dispose of the government’s provisional leave petition filed an hour into the HC verdict.

The court said the government petition would stand over till February 19. “The petitioner is directed to file civil petition for leave to appeal by then by collecting the certified copy of the High Court judgment,” the court ordered the government in a packed courtroom.

The HC bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam on February 6 declared brining the case under EPR illegal and squashed the case following hearing on a rule. The case was filed by businessman Azam J Chowdhury last year.

Following Hasina’s writ, the HC bench of Justice Nayeem and Justice Zubayer Rahman Chowdhury issued the rule on July 30 asking the government to reply why its approval for bringing the case under EPR should not be declared illegal.

As the hearing on the government petition resumed yesterday at 9:25am, Attorney General Fida M Kamal made his argument for 20 minutes. He said the HC rule was issued in terms of the prayer in the writ petition.

He argued that the HC in the judgment not only made the rule absolute but also quashed the proceedings of the case, which was not in the writ petitioner’s prayer.

At one stage the AG citing HC judgment made the comment “it’s all right” to say inclusion of EPR in the case was made with unlawful authority as the verdict was given in accordance with the prayer. But he vehemently opposed the HC decision of quashing the case as it was not prayed by Hasina in the petition.

Fida M Kamal also argued that it would be decided by the trial court whether Hasina is guilty or not. But if the HC stops trial quashing the case, it would not be known whether she has committed the crime or not.

He further argued that the first information report (FIR) was filed with Gulshan Police Station on June 13 last year, while the case was brought under EPR on July 16.

“The writ petitioner [Hasina] is one of the accused in the case but there are two other accused.”

He also mentioned that another HC bench judgment on the same issue is contrary to the latest verdict following Hasina’s writ.

Emphasising “public importance” of the matter the AG told the court the HC judgment has far-reaching impact on several other cases.

He said 600 cases have been brought under EPR and many of these are under investigation and on trial, while judgment in many cases has also been delivered.

All these would be stalled if the Supreme Court doesn’t stay the HC verdict, he argued.

The AG repeatedly told the court that the verdict has “far-reaching consequences and impact on the judicial system” and on the other cases under EPR.

During his submission, the court told him the HC has not given any interim order, “it is an exhausted judgment after thorough detailed hearing.”

As the copy of the HC judgment was not available, the court did not want to pass an order following the government appeal seeking a stay on the verdict.

When the crowd thronged the courtroom expecting order after Hasina’s chief counsel Barrister Rafique-ul Huq finished his short submission opposing the government petition at 9:50am, the chief justice decided to pass their decision at 11:30am.

The court however sat again at noon and delivered its decision in a jam-packed courtroom where more than 500 lawyers, Awami League leaders and workers waited for half an hours in a breathtaking situation.

Additional Attorney General Salahuddin Ahmad was also present with the AG during the hearing, while Barrister Shafique Ahmed and other counsels for Hasina were present.

The additional AG told the press: “I can think personally that Sheikh Hasina is not guilty but it is personal thinking; the trial court judgment would decide whether she is guilty or not. So it wasn’t right to quash the case.”

He also said if they get a copy of the judgment the government will file regular leave to appeal by February 19.

Expressing satisfaction and gratitude over the judgment of the Appellate Division, Rafique said: “We are satisfied at the Appellate Division’s judgment. The judgment would uphold human rights, constitution and the rule of law.”

Hasina, who was arrested on July 16 last year, has been detained at the sub jail on National Parliament premises. Azam J Chowdhury filed the case against Hasina and her cousin former state minister Sheikh Fazlul Karim Selim, while her sister Sheikh Rehana was included in the case in the charge sheet.

Earlier last year, the HC granted bail to Hasina and stayed proceedings of the case following the writ, but the SC stayed the HC’s interim order following a petition by the government.