Wednesday, April 16th, 2008

The arraignment hearing of detained former premier Sheikh Hasina in a graft case against her and seven others, in connection with setting up a barge-mount power plant, was adjourned for the third time yesterday till April 17, as she became ill inside the courtroom again.

Hasina and her counsels once again made their apprehensions over getting justice known to the court. They complained that Judge Firoz Alam of Special Court 1 is trying to railroad the defendants while being too impatient to listen to the defence’s submissions in the name of meeting the deadline for a verdict.

Meanwhile, journalists yesterday walked out of the courtroom for half an hour putting their pens down in protest at rude behaviour of Additional Commissioner of Police (Prosecution) Mokbul Hossain with one of their colleagues. Mokbul had forced a journalist to get up from a seat in the courtroom, since there is no seat designated for journalists there.

The protesting journalists also made a six-point charter of demand including a demand for an apology from Mokbul, and his withdrawal from the security detail of the case hearings. The demands also include withdrawal of the deputy commissioner of police for the prosecution, and Additional Commissioner of Police of Tejgaon Zone Abdul Mannan, designating of seats for journalists in the courtroom, and permission for them to carry cellphones in the courtroom since currently everybody else other than them are allowed to do so.

As Hasina, clad in a traditional Baishakhi sari, reached the courtroom at 9:50am, she exchanged Bangla New Year greetings with her counsels while complaining about her deteriorating physical condition.

Expressing discontent about the treatment she is receiving, Hasina also complained, even her relatives are not being allowed to meet her in jail.

“I am going blind. I can’t see with my left eye and can’t hear in my left ear. I’m suffering from an unbearable pain in my injured ear and from terrible headaches resulting from that pain,” said Hasina.

Defence lawyer Advocate Toufique Newaz made a submission focusing on the government’s rules of business and the parliamentary system in relation to the process of awarding the contract for setting up the power plant. He also focused on laws and the constitution showing that there is no legal ground for indicting their client.

As Toufique continued with his submission, the judge asked him to argue on points relevant to the case. Earlier, Hasina tried to draw the judge’s attention several times without any success.

At one point Hasina told the judge, “The case will not move forward if you lose patience. You must listen to everyone. Does independence of the judiciary exist only in papers?”

She also said the lawyers must be allowed to argue their points of view and the judge should afford them full hearings.

“The people can right now see how separate the judiciary and the executive branches really are! If there is a great deal of pressure on you, you may deliver the verdict right at this moment,” Hasina quipped at the judge.

“Now the question is, do you enjoy enough independence to deliver justice?” Hasina threw a question at the judge.

She then went on to explain that the contract for setting up the barge-mount power plant was awarded during the tenure of an elected government, and that there were a number of committees and sub-committees to ensure transparency in the process.

And moreover, she said ‘the power plant deal was struck at a time when the constitution, parliament, and the judiciary were governing the country’.

“But the government brought false allegations against me and brought the case under Emergency Power Rules (EPR), while constitutional rights of the people are restricted and the parliament does not exist. It can’t be called justice,” Hasina added.

“For the sake of justice you [the judge] must listen to the defence lawyers’ arguments and allow me to talk,” she said.

At that point the defence lawyers resumed their arguments and continued. Around 12:45pm Hasina informed the court that she was not able to stay in the dock any longer as she was having severe pain in her ear, prompting the court to adjourn the hearing.

Hasina once before became ill during the arraignment hearing on April 3.

Anti-corruption Commission Deputy Director Sabbir Hasan filed the case with Tejgaon police station complaining that Hasina and six others, in collusion and abusing power, helped a foreign company and its local partners win a deal for setting up a 100MW barge-mount power plant in Khulna, depriving the lowest bidder.

The curator of Bangabandhu Memorial Trust was also later indicted in the case.

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