The High Court (HC) yesterday granted Sheikh Hasina bail in another extortion case and ordered the government not to bring her to trial on the charge under the emergency power rules.
A bench comprising Justices Shah Abu Nayeem Mominur Rahman and Zubayer Rahman Chowdhury also asked the military-backed interim administration to reply within four weeks why its approving the case filed by businessman Noor Ali to be under the emergency rules should not be declared illegal.
The same day the bench stayed operation of the Anti-Corruption Commission's (ACC) instructions for Awami League (AL) President Hasina to submit a wealth statement. It ordered the anti-graft body to explain in four weeks why its order shall not be declared illegal.
Yesterday's ruling in Noor Ali's case, however, will not secure for the detained former prime minister release as the Supreme Court (SC) has meantime stayed the previous HC order allowing her bail in the extortion case filed by Azam J Chowdhury.
The HC's ad interim bail to Hasina and direction for the government not to have the case filed by Noor Ali to be under the Emergency Power Rules, 2007 will remain put off till disposal of the rule in this regard.
Earlier on July 16, the joint forces arrested her and a magistrate court sent her to a house designated as a sub-jail in the Jatiya Sangsad Bhaban complex.
NOOR ALI CASE
Noor Ali, managing director of Unique Group of Companies, has filed the case accusing Hasina and her two relatives of receiving Tk 5 crore for helping his firm win a power plant deal in 1997.
The government on July 16 put the case under the emergency rules, and a magistrate court on July 29 ordered for Hasina to be shown arrested on the charge.
Despite the HC direction and rule in favour of Hasina's plea filed on Sunday, the other proceedings of the case will remain effective. The investigators will continue their job without employing any section of the emergency power rules.
A week back, Hasina filed another writ petition challenging the government move to bring a Tk 3 crore extortion case filed against her under the emergency rules. She obtained an ad interim bail from the HC but the apex court gave the government a stay of execution till August 14.
STAY ON ACC ORDER
A day after her arrest, Hasina was served a notice by the ACC asking her to declare wealth within seven days' time since receipt.
The ACC gave her seven more days for turning in the statement following her prayer for an extension of the timelimit that ends today.
The AL president on August 5 filed a writ petition with the HC challenging legality of the ACC order. Yesterday's ruling means now she is not obliged to submit her wealth statement by today. Execution of the anti-graft body's direction will remain halted till the HC ruleis disposed of.
The ACC secretary yesterday told reporters that the commission would file an appeal with the Appellate Division of the SC after receiving a copy of the court order.
Barrister Rafique-ul Huq assisted by Mahbubey Alam, former law minister Abdul Matin Khasru, Shahara Khatun, Rahmat Ali, and Sheikh Fazle Noor among others moved both the petitions for Hasina.
INTERNATIONAL LAWYER
The AL on Monday appointed Payam Akhavan, a Canadian law professor and a prominent human rights lawyer, as its international counsel to defend Hasina.
At a press conference in London the same day, Akhavan termed the cases filed against the AL president a "travesty ofjustice".
"Our message to Bangladesh government is that we will not allow this travesty of justice to go unchallenged," he observed.
AL REACTION
The AL yesterday hailed the HC ruling granting its chief bail and staying the operation of theACC notice.
Talking to reporters at his Gulshan residence, the party's acting president Zillur Rahman described the court order as a victory of truth.
He said they hope the same would happen to all the "false cases" filed against her.