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Download PDF The High Court (HC) yesterday stayed for two months all proceedings of the Niko and barge-mounted power plant cases filed against former premier Sheikh Hasina by the Anti-Corruption Commission (ACC).
The HC bench of Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed also issued separate rules asking the government and ACC to explain within four weeks why the cases should not be quashed.
The orders came upon two petitions filed by Awami League chief Sheikh Hasina, who is now abroad for treatment following release on eight-week parole.
Her lawyers barrister Rafique-ul Huq and barrister Shafique Ahmed told newspersons the HC stayed the proceedings and issued rules on grounds that ACC didn’t maintain due procedures and rules of the ACC Act, 2004 and ACC Rules, 2007 in giving sanctions for filing the cases.
Quoting the HC observations, barrister Shafique said examining the cases’ records, the HC found relevant documents and other materials were not produced before ACC before giving approval to its officials to file the cases and submit investigation reports.
“The HC said the approval for filing the cases was mechanical,” he said.
ACC counsel advocate Khurshid Alam Khan told The Daily Star the commission would file an appeal with the Supreme Court as soon as possible.
Both the cases are now pending with the special judge’s courts set up on Jatiya Sangsad Bhaban premises.
The Niko scam case awaits charge hearing and the barge-mounted power plant case is in the phase of cross-examination of the prosecution witnesses by the defence.
Earlier on June 11 and June 19, the HC bench during separate hearings on the petitions called for the trial court records for its scrutiny as to whether the cases had been filed by ACC following due process of law.
On September 2 last year, ACC Deputy Director Sabbir Hasan filed the barge-mounted case with Tejgaon Police Station against Hasina and six prominent personalities including former energy secretary Dr Toufiq-e-Elahi Chowdhury.
The case says Hasina and other accused through mutual understanding and use of influence helped Wartsila Power Development Ltd Consortium and its two local partners win a deal for setting up a 100MW power plant in Khulna depriving the lowest bidder.
Summit Group and United Group are Wartsila’s local partners.
The case statement says a few days before and after the deal, the three companies paid a Tk 3 crore kickback, which was spent for buying a house with some land in Dhanmondi for Bangabandhu Memorial Trust set up and controlled by Hasina.
Sabbir Hasan filed another case with Tejgaon Police Station on December 9 last year accusing Hasina and six others of corruption and abuse of power while awarding three “abandoned” gas fields in Chhatak, Kamta and Feni to Canadian energy company Niko Resources Ltd during the Awami League tenure.
The case statement said the Niko deal caused a loss of Tk 13.6 crore to the state exchequer.
Meantime, the trial court dealing the Niko case could not hold the hearing yesterday as it did not get back the records from the HC.
As the court resumed at 10:35am, Judge Amar Kumar Roy of the Special Court-2 told both the defence and prosecution: “The proceedings can’t be started as I’ve not received the records and documents yet which the High Court had asked for judicial scrutiny.”
The HC on June 19 asked the trial court to send in the case records by June 30 for scrutiny as Hasina petitioned for quashing the case.
In view of the situation, the court fixed July 14 the next day of hearing subject to the HC decision on the pending petition.
Advocate Sahara Khatun was present in the court on behalf of Hasina as she has been exempted from personally appearing in court during her overseas treatment.
The counsels of other accused former state minister for power Prof Rafiqul Islam appealed for proper treatment of their client.
The court did not give any decision as it did not have the case records. The court however asked verbally the jail authorities through the prosecution to take measures for his treatment.
Two other accused in the case former power secretary Dr Toufiq-e-Elahi Chowdhury and Prof Rafiqul Islam were produced before the court.
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