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Attorney General tells court

No political motive behind Ershad case
Attorney General Aminul Huq Wednesday ruled out any political motive behind inati tuttng the case against former President HM Ershad and cat egortcally stated that the corruption case against him was taken up much before the present government came lo power, reports BSS
Refuting observations o( the defence that the present case to a ■battle of throne* and also a "battle between ambition and beauty", the Attorney General asserted that the case was In fact a legacy being carried by the present democratically elected government.
Since the case had begum before the present government took over, it cannot be treated as politically motivated. Huq sfad.
The Attorney General was presenting his final arguments tn the corruption case on the fifth and concluding day of the arguments. Earlier. Chief Defence Counsel (CDC) Serajul Haq had put forward his arguments to prove his cUenl's innocence in the charges brought against him.
The former niter has been charged on two accounts -misappropriation of gifts valued over Tk 1 1 lakh and amassing wealth over Tk 2.21 crore beyond his known source of Income.
Taka 1.90,81,565 which was found in cash in Ershud s Senabhaban is the main element in this case. In all. 58 witnesses, including 48 from the prosecution side, testified tn the court.
Referring to defence's accusation that legal sanction was not there to prosecute the former president, the Attorney General said law has been changed and no sanction was required. Despite this, sanction was taken, the Attorney General said and added that, therefore, the allegation of mechanical or purposeful application of law by defence was not sustainable.
On defence’s objection former president cannot be tried as per law, the Attorney General said this exemption was applicable only when he is in office. He said after the earlier trial of Khandakar
Mushlaquc Ahmed, and HM Ershad in an arms ease, that ptea did not hoki good now
Referring io defence's question of trying the accused un der the Prevention of Corruption Act of 1947 whk-h was described by them as "antiquated", the Attorney General maintained the Act of 1947 and that of 1957 men Honed by defence arc com-pfementary lo each other
The Attorney General tn re-piy to defence's altegations of maiafide charges against Ershad said maiafide becomes "irrelevant when offence is proved by evidence'. He said the fact that the accused has amassed wealth beyond his known source of income has been proved by the discovery of huge cash at his residence.
The Attorney General, with the help of documents, dispelled defence's accusations that Mustaflzur Rahman, brother-in-law of Ershad was not the accused's representative. He showed that Rahman signed a number of papers as the representative of Ershad.
The Attorney denied that the Inventory Committee had ransacked Senabhaban as alleged by defence and said pricing of goods was not exact, but an appropriate estimate. The value of goods and articles might be a link- less or a little higher, he added.
The Attorney General asserted that it had been proved beyond any shadow of doubt that the former president had committed crimes under Section 5(1) C and 5 (I) E of the Prevention of Antt-CorrupUon law.
Chief Defence Counsel Serajul Haq Wednesday began arguments reiterating that the present court has no jurisdiction lo try the former president and renewed his charge that case was instituted with "maiafide iiilciitton*.
The whole prosecution is maiafide." he sakl adding, "it is a case in which political Interest is involve, lo see that the rival meets a situation where he cannot tome lo power."
The CDC said the claim of his client Ihat the money found at Senabhaban did not belong lo him, has been testified that it was deposited with Ershad as Jatlya Party chairman to purchase a house for the party, lie also mentioned government files containing the correspondence relaUng to the purchase of the house with the money collected by JP through donations and subscriptions.
Serajul Huq further said that before the Institution of the case, Jattya Party feaders on January 5 last year (three days before filing FIR) wrote a fetter to the Acting President on money matter.