Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1129 Fri. August 03, 2007  
   
Front Page


SC stays Hasina's bail order


The Supreme Court (SC) yesterday accepted the government appeal and stayed till August 14 Monday's High Court (HC) order granting bail to detained Awami League chief and former prime minister Shiekh Hasina in an extortion case, and not to hold trial of the case under the Emergency Power Rules (EPR).

The full bench of Appellate Division of the SC headed by Chief Justice Mohammad Ruhul Amin also directed both the parties in the case to complete hearing of the HC rule issued with its interim order as soon as possible.

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

Poceedings of the extortion case against Hasina filed with Gulshan Police Station on June 13 would now continue at the trial court under the EPR.

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

After primary hearing, the Chamber Judge had fixed Wednesday for hearing of the appeal by the full bench of the SC Appellate Division. After hearing both the sides in the case, the SC had fixed yesterday for delivering its judgement.

In a packed courtroom, the SC yesterday morning delivered its judgement saying, "appeal allowed."

In his instant reaction, Hasina's chief counsel Barrister Rafique ul Huq said, " Absolutely frustrated and disappointed to get such an order."

He told the press, "I would term it a politically motivated judgement had it not come from the highest court."

He went on, " But I don't want to make such comments on the judgement, rather I accept the judgement as it has been delivered by the Supreme Court."

On the stay of the HC order until August 14, Rafique said, "It makes no sense."

He mentioned that August 16 is fixed for hearing on charge farming in the extortion case against Hasina in the trial court. "What is the use of staying the High Court order till August 14? I don't understand this despite my 47 years' experience in legal practice."

Attorney General Fida M Kamal, who was state counsel in this case, told newsmen it is inappropriate that the HC gave interim relief to the petitioner (Hasina) without finalising the explanation of the EPR.

Regarding the SC's directive for disposal of the HC rule as soon as possible, Rafique said they will tell the High Court bench that gave Monday's order that they are ready to complete the hearing before August 14 if the government doesn't delay it by taking time.

Hasina, was granted ad interim bail in response to a writ petition she filed on Sunday challenging legality of the government move to bring the Tk 3 crore extortion case against her under the EPR, and also seeking bail in this case.

The joint forces held the AL chief on July 16 and later that day a magistrate's court sent her to a sub-jail on the Jatiya Sangsad Bhaban complex.

The same day the home ministry gave its approval for taking the case under the EPR, 2007.

Earlier on June 13, Managing Director of Eastcoast Trading Pvt Ltd Azam J Chowdhury, filed a case accusing Hasina and Sheikh Fazlul Karim Selim of extorting Tk 2.99 crore from him in connection with a contract for Siddhirganj power plant in Narayanganj.

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

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. But the home ministry on July 16 notified that the emergency rules shall apply to the charges considering "public importance" of the case.

In her writ petition, Hasina alleged that the approval was given without lawful authority and with the ill intention of depriving her of the right to seeking bail.

Barrister Sheikh Fazle Noor Taposh, a counsel for Hasina, yesterday said normal proceedings of the case would now continue as the HC's interim order has been stayed till August 14.

Several hundred lawyers were present on the court premises when the SC pronounced its judgement. AL leaders and workers including presidium member Motia Chowdhury, former speaker Advocate Abdul Hamid, former AL lawmaker Rahmat Ali, Advocate Shahara Khatun were also present there.

Many lawyers, journalists and AL men waited in the corridor as the courtroom was crammed.