Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1128 Thu. August 02, 2007  
   
Front Page


SC judgment today on Hasina's bail


The Supreme Court (SC) will deliver today its judgment on the government appeal against Monday's High Court (HC) order granting bail to detained former prime minister Shiekh Hasina in an extortion case, and not to hold trial of the case under the emergency power rules.

The full bench of the Appellate Division of the SC headed by Chief Justice Mohammad Ruhul Amin heard arguments by the state counsel and Hasina's lawyers for a couple of hours and fixed today for delivering its verdict.

Attorney General Fida M Kamal, counsel for the state, in his submission opposed the HC order.

He said the question of explanation of emergency power rules (EPR) is linked to the writ petition filed by Hasina. So, it is beyond the HC's jurisdiction to grant bail to her without giving an explanation of the EPR, he added.

Opposing the government plea, Hasina's chief counsel Barrister Rafiqul Haque said the extortion case against her cannot be brought under the EPR. The case was brought under the EPR before submission of chargesheet on July 24, he added.

The HC on Monday also issued a rule on the military-backed interim government to reply within two weeks why its approving the case to be under the EPR should not be declared illegal.

Earlier on Sunday, the Awami League chief had filed a writ petition with the HC seeking bail and challenging the government move to have the extortion case against her tried under the emergency power rules.

Following the HC order and rule, the government on Tuesday filed an appeal with the Chamber Judge of Appellate Division of the SC seeking stay on the HC order.

After primary hearing, the Chamber Judge decided to send it for full-bench hearing and fixed yesterday for the hearing.

Azam J Chowdhury, managing director of Eastcoast Trading Pvt Ltd, lodged the case with Gulshan Police Station on June 13 this year. He accused Hasina and AL presidium member Sheikh Fazlul Karim Selim of extorting from him Tk 2.99 crore in 2000 in connection with the contract for Siddhirganj power plant.

The joint forces arrested Hasina on July 16 and the same day a magistrate's court sent her to a house designated as a sub-jail on the Jatiya Sangsad Bhaban complex.

On July 24, Gulshan police indicted her together with her sister Sheikh Rehana and cousin Sheikh Selim.

Officer-in-Charge (OC) of Gulshan Police Station Obaidul Haque submitted the charge sheet under sections 385(extortion)/109 (abetment)/34 (criminal liability) of the penal code.

He did not include in the charge sheet Section 19J (1) of the EPR, 2007 but the home ministry on July 16 notified that the emergency rules shall apply to the charges considering "public importance" of the case. The HC order on Monday stayed the government decision.