Former president HM Ershad and three others Including two ministers under him have been charged with abusing their official position as public servants to dishonestly obtain for themselves or for any other persons pecuniary advantage to the extent of Taka 20.18.08.260 in the deal made lor the purchase of three ATP aircraft for Bangladesh Biman. reports BS&
Attorney General Aminul Haq while reading out the prosecution charges said the accused persons who Included former ministers Zlauddin Ahmed and Lt. Col (Retd) HMA Gaffar and former Industries Secretary AKM Mosharraf Hossain by their acts have committed offence under Section 5(1) (D) of the Prevention of Corruption Act of 1947 (Act II of 1947 ).
He charged that the accused persons are punishable under Section 5(2) of the Prevention of Corruption Act of 1947 which is within the cognizance of the court (the court of Special Judge Quamrul Islam Siddiqui).
Khandakar Mahbub Hussain appearing on behalf of former president Ershad stated that there is constitutional bar to challenge the acts of a president. He further stated that former president enjoyed immunity under the constitution.
Habibul Islam Bhuiyan, who defended Zlauddin Ahmed, said the allegations against his client are groundless. Describing the F.I.R. as travesty of truth. Bhuiyan claimed that Zlauddin had no involvement In the matter, except that he presided over the Board of Directors' meeting.
Khan Salfur Rahman appearing on behalf of Lt. Col (Retd) HMA Gaffar and AKM Mosharraf Hossain said that allegations against his clients are groundless and opined that the court has no Jurisdiction to try this case as the place of occurrence was in England, beyond the territory of Bangladesh.
Special Judge and Additional Session Judge Qamrul Islam Sfjdlqul after hearing both the sides, fixed March 21 for framing the charges against the accused.
The prosecution stated that before finalisation of the decision by Blman’s Board of Directors about the procurement of the ATP aircraft and the fixation of price, former President Ershad. accompanied by Mosharraf Hossain, visited the factory of British Aerospace, the manufacture of the aircraft and publicly praised the ATP planes. It said while the manufacturer on 26.10.1988 mentioned the price of each aircraft at 12.2 million dollars, after Ershad's visit to the factory in April 1989. the price was raised to 14.06 million dollar.
The prosecution further charged that despite a report sent by finance secretary to President Ershad on 4.10.1989 depicting the weak financial position of Biman with a request to object to the purchase proposal (of the ATP aircraft), considering the overall situation and Interest of Btman, the former President at the instance of Lt. Col (Retd) HMA Gaffar, the then Minister for Civil Aviation approved the ggirchasc deal on 28.10.1989 with dishonest intention.
The Attorney General said although there were negative reports from Biman's economic and technical evaluation team about the procurement of ATP In addition to the written objection by the then Finance Secretary, accused Zlauddin Ahmed, the then State Minister for Civil Aviation did not stop the deal. Moreover, before the approval by the cabinet committee on purchase, 4 million U.S. dollars were sent to ATP authorities at the Instance of accused Zlauddin Ahmed, the prosecution charged. The action of the accused, the Attorney General said, was contrary to the decision adopted at the meeting of Bimans Board of Directors. In that meeting It was decided to
purchase 3 ATP aeroplanes directly from the manufacturers subject to the fulfillment of certain conditions Including satisfactory economic and technical evaluation report and effective bargaining of price.
The economic evaluation team In late 1988 submitted a report to the effect that If the 3 ATP planes were purchased. Btman would sustain a loss of more than 20.6 million dollars within next five years. The team, tn March 1989 In a fresh report said the loss to Btman would be more than 50 million dollars within next ten years.
The prosecution charged that accused Lt .Col (Retd) HMA Gaffar, who chaired the 127th meeting of the board of directors as the minister In charge of civil aviation, instructed the sending of another 5 million dollars to British Aerospace. This was done before the proposal for the purchase of the ATP planes was approved by the cabinet committee, the prosecution further charged.