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Coalmine Graft Case

HC rejects Mujahid's bail petition

Staff Correspondent
The High Court (HC) yesterday rejected a petition for anticipatory bail filed by Jamaat-e-Islami Secretary General and former minister Ali Ahsan Mohammad Mojahid in Barapukuria coalmine graft case.
An HC bench comprising Justice Khondker Musa Khaled and Justice MoyeenuI Islam
Chowdhury heard the petition and passed the order.
Mojahid, who appeared before the HC bench, told newsmen on the court premises that he would face the case legally and politically. “We believe in law and fair politics. This case was filed with political and conspiratorial motive to harass me,” he said.
The Jamaat leader later filed an appeal with the SC against the HC order.
His counsel barrister Abdur Razzak said hearing of the appeal would be held in the court of the SC chamber judge today.
The HC in its order yesterday said the grounds mentioned in an SC judgement allowing it (HC) to consider such bail petitions were not found in the petition filed by the Jamaat leader.
"Though this case was not directly under the Emergency Power Rules (EPR), as per Section 5(2) of the Corruption Prevention Act 1947 and Section 409 of the Penal Code the case is automatically under the EPR. Section 19(D) of the EPR has curtailed the right to bail in such cases," the HC said.
The court pointed out that final report on this case is yet to be submitted, and without seeing the final report, it cannot be said whether the case is malafide or without lawful authority.
On February 26, the Anti-Corruption Commission (ACC) filed this case against former prime minister Khaleda Zia and 15 others, includ-ing Mojahid and Jamaat Ameer and former minister Motiur Rahman Nizami, for corruption in awarding contract for Barapukuria coalmine project to a Chinese company.
Mojahid filed the anticipatory bail petition on May 25. The following day an HC bench comprising Justice Nozrul Islam Chowdhury and Justice Md Ataur Rahman Khan refused to take up the petition. The bench however permitted the Jamaat leader to move to any other bench of the HC.
On June 1, he submitted the petition to the HC bench comprising Justice Musa and Justice MoyeenuL The bench concluded hearing of arguments on it on Monday.
Advocate Khurshid Alam Khan appeared for the ACC.