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Download PDF The High Court (HC) yesterday rejected a writ petition filed by detained former premier Sheikh Hasina challenging the legality of continuing the trial proceedings of the barge-mounted power plant graft case against her.
Hasina filed the writ petition stating that according to the Criminal Law Amendment Act 1958, trial proceedings of a criminal case must be completed within 60 days of taking the case into cognisance.
She mentioned in the petition that the trial of the case against her became ‘functus officio’ or null and void, and no court has the jurisdiction anymore to try it now, as the trial court had taken the case into cognisance in January this year, way more than 60 days ago.
An HC bench comprising Justice Mohammad Abdur Rashid and Justice Md Ashfaqul Islam however pronounced yesterday’s verdict on Hasina’s petition overturning its earlier rulings regarding the writ.
The court also simultaneously rejected eight other similar petitions in unrelated cases filed by defendants, former state minister Ruhul Quddus Talukder Dulu, and former lawmakers Mosaddak Ali Falu, and AHM Mostafa Kamal alias Lotus Kamal.
Yesterday’s HC judgment observed that the rule on completing the trial proceedings of any criminal case within 60 days after a court takes it into cognisance is rather directory than mandatory.
“As per section 6(A) of the Criminal Law (Amendment) Act 1958, trial proceedings of any criminal case shall be completed within 60 days after a court takes it (case) into cognisance. But, there is no rule mentioned in the law, what will be the consequence of the case if its trail proceedings are not completed within this period,” the HC verdict said.
Counsels for both sides of the cases said the HC verdict removes any bar on continuing the trials of the corruption cases against Sheikh Hasina and the other petitioners.
All the cases were filed by the Anti-corruption Commission (ACC), which have been pending with the special judges’ courts set up on the parliament building premises in the capital.
Counsel for the writ petitioners Barrister Rafique-Ul Huq told journalists yesterday that following the HC verdict, trials of the cases against the petitioners including Hasina will now go on.
Upon separate writ petitions, the HC earlier issued rulings ordering the government, ACC, and the judges concerned to explain why the continuation of trial proceedings of the cases against the petitioners should not be declared illegal. The court recently started hearing the replies.
After hearing arguments and submissions of both sides, the court delivered the verdict yesterday.
June 2nd, 2008 at 5:51 pm
But, there is no rule mentioned in the law, what will be the consequence of the case if its trail proceedings are not completed within this period,” the HC verdict said.visit at- Recovery audit