Hasina not taken to court on security grounds

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Detained former premier Sheikh Hasina was not produced before the court on security grounds during yesterday’s hearing of the MiG-29 corruption case.

Meanwhile, the Dhaka metropolitan police (DMP) commissioner has submitted an application to the home secretary for setting up a sessions court adjacent to the sub-jail where Hasina has been kept and holding the trial of the case there due to security reasons.

Judge of the special court for Dhaka Division Golam Mortuza Majumder adjourned the hearing until March 13 and directed the jail authorities to produce Hasina, now detained in a sub-jail at Sangsad Bhaban complex, before the court on the scheduled date.

The court also asked six other accused in the case to appear before it on the same date.

Hasina’s lawyers submitted a petition seeking time for the next hearing. The said they had already got certified copies of the High Court (HC) order and they would file leave to appeal with the Supreme Court (SC) against the HC order. They prayed for adjournment of hearing until they file the leave to appeal.

The lawyers of another accused Nur Ali, managing director of Unique Group, submitted a petition for time saying that their client had been admitted to United Hospital for treatment on February 26 and since then he was there. They said they would also go to the SC against the HC order.

Five other accused were present in the court during the hearing of the case. They are former air force chief Jamaluddin Ahmed, former army chief Mustafizur Rahman, former defence secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhter Maruf and former joint secretary Mohammad Hossain Serniabat.

On September 6 last year, the High Court (HC) vacated the stay order passed by a HC bench following seven separate writ petitions for quashing the case. The HC order removed the legal bar to start the proceedings of the case.

According to the case filed with Tejgaon Police Station against Hasina and four top defence officials, the purchase of eight MiG-29 fighter jets during the tenure of the Awami League government caused a loss of Tk 700 crore to the public exchequer.

The names of Brig Gen (retd) Iftekhar-Ul-Bashar and former deputy secretary Hasan Mahmood Delwar were dropped from the list of accused due to lack of evidence while former army chief Mustafizur Rahman, Air Commodore (retd) Mirza Akhter Maruf, former joint secretary Hossain Serniabat and businessman Nur Ali were indicted in the case after investigators found their involvement in the scam.

Inspector Abdullah Al Zahid of now-defunct Bureau of Anti-Corruption submitted the charge sheet to Chief Metropolitan Magistrate’s Court of Dhaka on December 11, 2001, showing 40 people as prosecution witnesses.

Later, all the accused including Hasina filed petitions with the HC on different dates for quashing the case. Following their petitions, the HC stayed the case proceedings.

Hasina was arrested on July 16 last year after businessman Azam J Chowdhury filed an extortion case against her.

Four other cases were also filed against her on different dates.

DMP COMMISSIONER’S PLEA
DMP Commissioner Naim Ahmed appealed to the home secretary for setting up a sessions court adjacent to the sub-jail where Hasina has been kept and holding the trial of the Mig-29 corruption case there due to security reasons.

In the application submitted to the secretary on February 26, the commissioner said the Special Court for Dhaka Division is located between the chief metropolitan magistrate’s court and Jagannath University. The presence of Hasina and other accused in the court during trial of the case is essential.

A large number of people will gather on the court premises to know about the trial posing problems for security personnel. It is necessary to set up a session court adjacent to the sub-jail, where Hasina has been kept, to ensure her safety.

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