A High Court (HC) bench yesterday felt embarrassed to entertain a petition filed by former prime minister and BNP Chairperson Khaleda Zia for quashing the proceedings against her in Barapukuria coal mine graft case.
The HC bench comprising Justice Syed AB Mahmudul Huq and Justice Moyeenul Islam Chowdhury referred the matter to Chief Justice (CJ) MM Ruhul Amin for a decision.
Barrister Rafique-ul Huq, principal counsel for Khaleda, told newsmen that Justice Moyeenul felt embarrassed to entertain her quashment petition. “We will pray to the chief justice tomorrow (today) to constitute another bench of the HC for hearing it,” he said.
He however did not say why the judge felt embarrassed.
Some lawyers present in the court at the time said Justice Moyeenul was earlier a member of an HC division bench which had delivered two judgements observing that the HC could not entertain bail or quashment petitions in cases filed under the Emergency Power Rules (EPR). Since Khaleda’s petition was similar to those petitions, he felt embarrassed to hear it.
When the former premier’s petition came up for hearing, Rafique-ul Huq said an investigation officer (IO) of the ACC had earlier submitted ‘final report’ to the ACC saying that the case was filed on the basis of wrong information, and there was no offence committed.
He said the ACC then assigned another IO for reinvestigating the case. But the Anti-Corruption Commission Rules, 2007, do not provide for further investigation into any case, and changing an investigation officer, he argued.
The ACC did not properly follow its rules in filing this case. So, the case proceedings should be quashed, the counsel said.
The trial court on October 12 directed Khaleda and other accused in this case to appear before it on October 16.
The former premier is accused in four cases — Gatco, Niko, Barapukuria coalmine and Zia Orphanage Trust corruption cases.
The HC granted her bail in all the cases and stayed the proceedings against her in Gatco and Niko cases.
On October 12, Khaleda filed a petition with the HC for quashing the proceedings in Barapukuria case. The ACC on October 5 submitted charge sheet in the case.
On February 26 this year, the ACC filed the case against the former premier and 15 others, including 10 former ministers from BNP and Jamaat-e-Islami, for corruption in awarding Barapukuria coalmine operation contract to a Chinese company.
Categories: Bangla, Bangladesh, Bangladesh News, Bangladesh Politics, Daily Bangladesh News, Politics
