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Download PDF The Anti-Corruption Commission (ACC) yesterday approved the charge sheets in two graft cases against detained former premiers Sheikh Hasina and Khaleda Zia and 18 others for awarding gas exploration and extraction deal to Canadian company Niko Resources through corruption and abuse of power.
Of the 18 other accused, eight have been indicted in the charge sheets while 10 were named in the first information reports (FIR) of the cases.
Former secretary of External Resources Division Dr AKM Moshiur Rahman and former director of Petrobangla (mines and mineral and operation) Sayed Anwarul Haque have been made accused in the case filed against Hasina besides those already named in the case’s FIR.
Kamal Uddin Siddique, principal secretary to the then prime minister Khaleda, CM Yousuf Hossain, former senior assistant secretary of Energy and Mineral Resources Department, Meer Moynul Haque, former senior general manager of Bapex, Shafiur Rahman, former secretary of Bapex, Giasuddin Al Mamun, One Group managing director, and Selim Bhuiyan, chairman and managing director of International Travel Corporation, have been indicted in the case filed against Khaleda.
The other accused in the FIR against Hasina are detained former state minister for energy Rafiqul Islam, former principal secretary to Prime Minister’s Office (PMO) Dr SA Samad, former energy secretaries Dr Towfiq-e-Elahi Chowdhury and M Akmal Hossain, former Petrobangla chairman Mosharraf Hossain, and Vice-President (South Asia) of Niko Resources Bangladesh Ltd Kashem Sharif.
The co-accused of Khaleda in the FIR are detained former law minister barrister Moudud Ahmed, detained former state minister for energy AKM Mosharraf Hossain, former acting energy secretary Khandaker Shahidul Islam, and Kashem Sharif.
ACC Director General (Administration) Col Hanif Iqbal confirmed the press yesterday afternoon about the approval of the charge sheets.
Investigating officers of the cases filed the cases with Tejgaon Police Station on December 9 had submitted their probe reports in March this year after two months’ investigation.
ACC Deputy Director Sabbir Hasan investigated the case against Hasina while ACC Assistant Director Shahidur Rahman investigated the case against Khaleda. They will submit the charge sheets to the trial court soon.
According to the charge sheet in the case against Hasina, the accused in collaboration with each other awarded gas extraction work at Chhatak, Kamta and Feni gas fields to Niko by cheating to gain personal financial benefit.
The charge sheet also mentions that the work was given to Niko in an illegal way without floating tender, allowing it to extract 1794 billion cubic feet (bcf) gas from a reservation of 2,834 bcf, which caused the country a loss of Tk 13,630.50 crore considering the then price of each million-cubic-feet gas at Tk 75.9783.
The ACC also alleges that the accused cheated and abused power by showing the east part of Chhatak gas field–explored by Bangladesh but yet to be extracted–as marginal and abandoned.
The charge sheet will be submitted under sections 409, 109 and 511 of the penal code, section 15 of Emergency Power Rules (EPR) 2007, and section 5(2) of Corruption Prevention Act 1947.
The charge sheet in the case against Khaleda says the accused in collaboration with each other struck the anti-state “joint venture agreement” by abusing power and through corruption, causing a loss of Tk 13,777 crore to the state and a loss of 1,744 bcf gas.
The charge sheet will be submitted under sections 409 and 109 of the penal code, and section 5(2) of Corruption Prevention Act 1947.
Sources in the ACC said Joint Secretary and Petrobangla Director (Finance) Yousuf Hossain was indicted in the case for distorting notes on the Niko deal, concealing information to get the deal approved, and trying to influence his department officials.
Shafiur and Moynul were charged with preparing the framework of understanding (FoU) so technically and signing it that helped Niko win the deal, while Giasuddin and Selim were indicted for being involved in bribery regarding the deal.
Selim told the investigators that he received Tk 3 crore from Kashem Sharif as bribe and gave Giasuddin Tk 1.80 crore from it.
Sources also said Kamal Uddin was indicted for his involvement with the whole process of awarding the deal to Niko.
The sources said the investigation report in the case against Khaleda proposed including the names of nine more persons in the charge sheet as they were also involved in the process.
Joint Secretary to the law ministry Noren Das is among them, sources added. But, he was not indicted as the law ministry was not directly responsible for awarding the deal.
The ACC, however, proposed taking departmental action against him for taking a laptop from Niko as bribe.
The involvement of the nine persons was found after the commission examined necessary documents and files and questioned a number of bureaucrats and officials of different ministries, Niko and other government departments in connection with the case.
ACC Deputy Director Sabbir Hasan filed the case against Hasina while Assistant Director Mahbubul Alam filed the case against Khaleda.
THE DEAL
Disqualified by the government in the Second Round Block Bidding for oil and gas exploration in 1997, small Canadian oil company Niko had been trying to enter the Bangladeshi energy scene through the backdoor.
While the then energy secretary Tawfiq-e-Elahi Chowdhury promoted a Niko joint venture deal with the country’s national exploration company Bapex, the Awami League government could not award the deal due to lack of legal framework.
Soon after the BNP-led alliance government came to power, Niko pushed its deal again using many BNP bigwigs and its legal adviser Moudud Ahmed. The controversial Niko-Bapex deal was signed in 2003 although Petrobangla experts had repeatedly said it was being done violating national policy and compromising national interest.
The then prime minister Khaleda Zia held the energy minister’s portfolio. In this deal signed secretly, Niko was awarded gas exploration and extraction work at an unused gas field showing it as a marginal or previously used gas field.
Any oil company seeking exploration rights to an unused field must be qualified and win it through a competitive bidding.
May 1st, 2008 at 10:26 pm
As the two Former women leaders are charge sheeted, the election must exclude these two names
& must be conducted with new honest spirited leaders with combined parties effort.
We feel very sad indeed that these Exucuttives &
former prime ministers never had any feelings for the country & must now face justice.