BNP bigwigs, Nizami indicted in Gatco case

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The Anti-Corruption Commission (ACC) yesterday finally approved the charge sheet against detained former premier Khaleda Zia, her younger son Arafat Rahman Koko and 22 others for illegally awarding container-handling job at two container depots in Dhaka and Chittagong to Gatco.

The approved charge sheet dropped the names of seven of the 18 persons, including former bureaucrats and ministry high officials, proposed by the investigating officer of the case in his probe report submitted on November 1 last year.

The first information report (FIR) of the case had earlier accused 13 persons of illegally awarding the container-handling job at Dhaka Inland Container Depot (ICD) and Chittagong Port ICD Yard to Global Agro Trade (Private) Co Ltd (Gatco).

The ACC had repeatedly told the press that the charge sheet would not be approved until the Supreme Court disposes of a government appeal against a High Court order that declared inclusion of the Emergency Power Rules (EPR) in an extortion case against Sheikh Hasina illegal. The approval came yesterday after the Supreme Court allowed the government appeal.

Sources in the ACC said although the issue of the EPR became important later, the commission primarily had a dilemma over inclusion of the names of some former bureaucrats, which the ACC finally dropped.

Of the 22 other accused, 11 including eight former ministers of the BNP-Jamaat alliance government have been indicted in the charge sheet.

The ACC filed the case on September 2 last year against Khaleda, Koko and 11 others.

Of the eight former ministers seven are from BNP–former finance minister M Saifur Rahman, former LGRD minister Abdul Mannan Bhuiyan, former health minister Dr Khandakar Mosharraf, former land minister M Shamsul Islam, former agriculture minister MK Anwar, former energy minister AKM Mosharraf Hossain, and former commerce minister Amir Khasru Mahmud Chowdhury.

Former industries minister Motiur Rahman Nizami is the only one from Jamaat-e-Islami and the charge sheet is also the only one against any Jamaat leader since the present caretaker government assumed power.

Others indicted in the charge sheet are former shipping secretary Zulfikar Haider Chowdhury, former member of Chittagong Port Authority (CPA) AK Rashid Uddin Ahmed, and Gatco Director Shahjahan M Hasib.

The other accused in the FIR were former CPA chairmen Commodore (retd) Zulfiqur Ali and AMM Shahadat Hossain, former CPA director (transport) AM Sanwar Hossain, former chief finance and accounts officer Ahmed Abul Qashem, former director Luthful Kabir, Ismail Hossain Simon–son of former shipping minister and BNP leader Col (retd) Akbar Hossain, Akbar’s wife Jahanara Ansar, Gatco directors Syed Galib Ahmed, Syed Tanveer Ahmed, AKM Musa Kajol and Ehsan Yusuf.

Dropped from the charge sheet are former cabinet secretary Saadat Hussain, former joint chief of shipping ministry Khandaker Khaliquzzaman, former deputy secretary Abdul Matin, former deputy chief Jayonto Kumar Nandi, former joint chief of planning ministry Abdul Matin, CPA Director Kazi Abdul Momen, and Gatco Chief Accountant Mosharraf Hossain.

The accused are charged with causing a loss of Tk 14,56,37,616.92 to the state by striking the container-handling deal with Gatco although it lacked experience and skills.

The charges also include violating tender conditions in appointing Gatco for the job, misuse of power, and mutual understanding among the accused in violating the tender conditions.

This is the second charge sheet the ACC has approved against Khaleda since her arrest and the first against Koko. The ACC approved the first charge sheet against Khaleda on April 30 in a graft case involving Canadian gas exploration and extraction company Niko Resources. The charge sheet was submitted on May 6.

Koko and Simon have been indicted as investigation found their involvement in taking Tk 2,19,99,736 from Gatco in exchange for helping it win the job.

Mosharraf Hossain, Saifur Rahman, Abdul Mannan Bhuiyan, Dr Khandakar Mosharraf, M Shamsul Islam, MK Anwar, and Motiur Rahman Nizami were also accused earlier in the ACC case filed for graft in awarding Barapukuria coal mine operation contract to a Chinese company while AKM Mosharraf Hossain is an accused in the graft cases involving Niko and Barapukuria coal mine.

ACC Director General (Administration) Col Hanif Iqbal confirmed the press yesterday afternoon about the approval of the charge sheet.

Joint forces arrested Khaleda and Arafat at their Dhaka Cantonment residence a day after ACC Deputy Director Golam Shahriar Chowdhury filed the case with the Tejgaon Police Station.

Khaleda is now in a sub-jail set up on the Jatiya Sangsad Bhaban premises.

Different newspapers and news agencies on November 5 carried news items that investigating officer ACC Deputy Director Johirul Huda in his report proposed inclusion of the names of 18 more people in the charge sheet.

The ACC approved the charge sheet after examining the seized documents and taking deposition of over 80 witnesses, including former ministers and secretaries.

The charge sheet will be submitted to the trial court soon under sections 409 and 109 of the penal code, section 15 of the Emergency Power Rules 2007, and section 5(2) of the Corruption Prevention Act 1947.

THE CHARGES
Khaleda and Koko were charged with influencing the tender process while the CPA officials were indicted for helping Gatco win the tender ignoring the three-member tender evaluation committee’s report in which it declared Gatco unfit for the work.

The eight former ministers, who were members of the cabinet purchase committee, were indicted for recommending Gatco for the job.

Gatco resorted to unfair means and won the deal with the assistance of Khaleda and Akbar.

Akbar’s son Simon was also involved in the process. Simon contacted Arafat to get Khaleda’s favour and sought his assistance.

Gatco provided 41 percent of its shares to Akbar’s wife Jahanara, five percent to AKM Musa Kajol and five percent to Ehsan Yusuf before contesting the tender, said the FIR.

Since the company did not have required equipment and previous experience, it showed Shahjahan S Hasib as a director of Gatco, claming that he has experience in container handling to fulfil the conditions of the tender.

Arafat demanded half the money Simon was supposed to get from Gatco.

When Simon agreed to meet his demand, Arafat influenced his mother to help Gatco win the deal. Soon after the documents of the tender reached the Prime Minister’s Office, Khaleda took initiatives to award the deal to Gatco, abusing her power.

The ACC also held Khaleda responsible for causing loss to the country.

Gatco’s sponsored director Galib said he gave Simon over Tk 2.19 crore on different dates after the company won the deal.

Zulfikar Haider, the then shipping ministry secretary, was indicted for his role in the process of awarding the deal to Gatco.

Former CPA board members Rashid and Shahadat were charged with recommending Gatco for the job despite knowing that the company was unfit for the work.

Shahjahan was indicted in the case as he was a beneficiary of the deal.

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