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Download PDF A special court, hearing a graft case against detained former premier Sheikh Hasina and seven others, yesterday expressed dissatisfaction over the activities of the jail authorities as she had been hospitalised without taking permission from the court.
Judge Firoz Alam of the special court 1, set up at MP Hostels on National Parliament premises in the capital, also expressed his astonishment, as the jail authorities had not even sent any official letter to the court informing it about Hasina’s shift to the hospital and about her present health condition.
Mentioning that the court does not know whether Hasina currently is in the sub-jail or in a hospital, the judge in his observation said the court will order the jail authorities to explain why the court was not informed about her health condition, and will ask for a detailed report on her present condition and treatment.
The judge re-scheduled the arraignment hearing for March 23, if Hasina recovers from illness by that time, and also scheduled the same day for the jail authorities to produce a report on Hasina’s health condition and treatment.
If Hasina was not recovered by that time the court will decide on its next course of action based on the report of the jail authorities.
“The court still does not know whether Sheikh Hasina is in the sub-jail or in a hospital as no official letter was sent informing the court about the matter,” said Firoz Alam in his observation after hearing for an hour the submissions of the prosecution and the defence.
The court said whatever it knows about Hasina’s present situation, it learnt that from the media.
“The accused are not under the jail authorities, they are under the authority of the court. But, Hasina was shifted without taking permission from the court, while I have not received any statement from the jail authorities yet,” the judge added.
The judge went on saying what he received are just a ‘loose sheet of paper’ from the jail authorities and another sheet from the Square Hospital authorities.
The judge also mentioned that on the sheet of paper he received, which was not official either, the jail authorities said Hasina could not be produced before the court as she was undergoing medical tests in the hospital.
“In my life I have not experienced such an incident of sending such types of papers before a court. If the jail authorities are to send a letter informing about Hasina’s condition, they must send it officially. But they just sent a loose sheet,” the judge observed.
“As we can see that Hasina was not produced before the court we can assume that she was not in a condition to be brought here. I cannot even pass an order at the moment. If I pass an order at the moment without knowing her condition, it might clash with her treatment schedule,” the judge added.
The court, however, observed that the jail authorities hospitalised Hasina for her well-being, which is allowed according to the jail code.
The court also said the jail authorities will also be asked to describe in detail Hasina’s present health condition, the way she is being treated, and about the doctors treating her.
Yesterday’s court proceedings began around 10:45am with defence lawyers praying for permission for Hasina’s personal doctors to meet her.
They said the jail authorities kept the doctors waiting for two and a half hours on Saturday, without letting them see Hasina at the end, although they had a court order allowing them to meet her.
The defence expressed concern over Hasina’s health as she has not been allowed to meet her relatives, lawyers, and personal doctors, although there is no objection from the hospital authorities.
The defence requested the court’s intervention in the matter and permission for Hasina’s personal doctors to see her. The defence wondered how the case proceedings will go on if court orders are not honoured.
The prosecution lawyers opposed the defence’s argument saying there is no precedence of allowing personal doctors to treat a detainee in a hospital, when the hospital itself has own rules of treating its patients.
The prosecution told the media after the hearing that Hasina has been provided with much of the facilities she is supposed to receive as a former prime minister.
After the prosecution had completed their submission on arraignment hearing on March 9, the court scheduled March 17 for submission by the defence. But the hearing could not be held yesterday as Hasina could not appear in the court due to being hospitalised.
Former energy secretary Dr Toufiq-e-Elahi Chowdhury was present in the court out of the eight accused in the case.
The court on March 9 began the arraignment hearing after failing to do so in its previous six sittings.
The case was filed by the Anti-corruption Commission against the former premier and seven others in connection with alleged graft in setting up barge-mount power plants in Khulna during the tenure of Hasina’s premiership.
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