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Experts tell HC on Hasina Extortion Case

Emergency rule not applicable

Staff Correspondent
Six legal experts appointed as amicus curiae in the hearing of the extortion case against Sheikh Hasina. submitted their opinions to the High Court (HC) yesterday saying a trial of a crime, which had been committed before the promulgation of the Emergency Power Act, cannot be held under the ambit of Emergency Power Rules (EPR).
It would be a violation of the constitution if a crime committed before the formulation of EPR is brought under the ambit of it, said the six senior Supreme Court (SC) lawyers.
An HC bench on Monday appointed seven senior Supreme Court lawyers as amicus curiae (friends of the court] to assist the
court voluntarily on points of law during the ongoing hearing of the rule issued following a writ filed by Hasina challenging bringing of the extortion case under the ambit of EPR.
All but one lawyer yesterday submitted their opinions to an HC bench. They opined that only a crime committed during the state of emergency could be tried under EPR.
One of the seven, former attorney general Mahmudul Hasan, earlier declined to work as an amicus curiae.
The six amicus curiae who submitted their opinions are TH Khan, Mahbubur Rahman, Rafiqul Islam Mia, Mahbubey Alam, Monsurul Huq Chowdhury, and Abdur Rab Chowdhury.
Abdur Rab Chowdhury gave his submission first, when the hearing on the rule began yesterday. TH khan who was the last'to give his opinion could not finish it and is scheduled to continue today. TH Khan said the constitution allows cases to be tried under the emergency rules for incidents that had taken place after the imposition of the emergency.
Abdur Rab Chowdhury said the provisions in the emergency rules allowing trials of pre-emergency offences under EPR are unconstitutional.
Even the cases filed after the emergency had been declared should be examined before bringing them under the ambit of EPR. he added.
Monsurul Huq Chowdhury said the emergency rules are applicable only to incidents taking place after the emergency had been declared.
EPR cannot be applied for preemergency incidents by any means, he added.
Rafiqul Islam Mia, Mahbubey Alam, and Mahbubur Rahman agreed with the other three
On June 13 last year, Managing Director of Eastcoast Trading Pvt Ltd Azam J Chowdhury accused Hasina, and former minister Sheikh Fazlul Karim Selim of-extorting Tk 2.99 crore from him in exchange for awarding him the contract of setting up Siddhirganj Power Plant in Narayangani.
The joint forces arrestea Hasina on July 16 and later that day a magistrate court sent her to a house designated as a sub-jail in the parliament complex in capital.
On July 24, Gulshan police indicted her along with her sister Sheikh Rehana, and their cousin Sheikh Selim.
Investigation Officer Obaidul Haque however submitted the charge sheet without including relevant sections of EPR 2007, although the home ministry on July 16 had asked for the case to be brought under the emergency rules.
Detained Awami League President Sheikh Hasina on July 29 last year filed a writ petition with the HC, challenging the government’s move of bringing the case under the ambit of EPR.
The HC on July 30 last year issued a rule on the military backed caretaker government to reply within two weeks as to why its approval for bringing the case under EPR should not be declared illegal.
Since then the rule had been pending in the HC until the hearing on the rule resumed last week
The trial of the case also began yesterday in Dhaka Metropolitan Sessions Judge's Court.