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Download PDF The Supreme Court (SC) yesterday stayed the High Court (HC) verdict that declared inclusion of Emergency Power Rules (EPR) in the Tk 2.99 crore extortion case filed against Sheikh Hasina illegal and quashed it.
The six-member SC bench headed by Chief Justice Mohammad Ruhul Amin also stayed all proceedings of the case in the lower court and permitted the government to file a regular appeal against the HC judgment.
The HC verdict had also stalled all proceedings of the case in the lower court.
The SC fixed March 16 for the hearing of the government appeal.
The trial of the case filed against detained former prime minister Sheikh Hasina by businessman Azam J Chowdhury was being held in a Dhaka Metropolitan Sessions Judge’s Court specially set up in Jatiya Sangsad Bhaban Complex.
The HC delivered the landmark judgment on February 6 following Hasina’s writ petition challenging the legality of the government approval to bring the extortion case against her under the EPR.
After completion of the hearing of both sides, the Appellate Division of the SC yesterday passed its order, saying the HC judgment and the proceedings of the extortion case will be stayed until disposal of the government appeal.
All prosecution and defence lawyers were happy over the SC order.
“Both us and the government side are happy at the order. We are happy as proceedings of the case will not continue in the trial court,” Hasina’s chief counsel barrister Rafique-Ul Huq told the press after passing of the SC order.
According to article 111 of the constitution, courts subordinate to the SC and the HC are bound to abide by the decision of the Appellate Division and the High Court Division of the Supreme Court, he said.
The article says, “The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.”
No case will continue in the lower court under the EPR according to the article, barrister Rafique said, adding that the proceedings of all other cases under the EPR would also be stayed.
He said the government is not now bringing any case under the EPR and if they do so, they would cause harm to themselves.
Additional Attorney General Salahuddin Ahmad, however, said the SC stay on the HC judgment would stall only the extortion case against Hasina, not the proceedings of other cases under the EPR.
A large number of police, armed police and Bangladesh Rifles personnel were deployed in the SC area.
THE CASE
On June 13 last year, Eastcoast Trading Pvt Ltd Managing Director Azam J Chowdhury charged detained Hasina and her cousin and former minister Sheikh Fazlul Karim Selim with extorting Tk 2.99 crore from him in exchange for awarding the contract of setting up the Siddhirganj Power Plant in Narayanganj.
On July 16, the home ministry directed the police to bring the case under the EPR.
On July 24, investigation officer of the case Obaidul Haque indicted Hasina along with her sister Sheikh Rehana and cousin Sheikh Selim, but did not include the relevant sections of the EPR.
Hasina filed a writ petition on July 29 and the HC bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Zubayer Rahman Chowdhury issued the rule on the caretaker government, asking it to reply why its approval for bringing the case under the EPR should not be declared illegal.
After hearing on the rule, the HC bench of Justice Nayeem and Justice Shahidul Islam delivered its landmark judgment on February 6.
The government filed the leave to appeal with the SC within an hour of the delivery of the judgment, seeking stay on the HC judgment.
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