A special court yesterday exempted detained BNP Senior Joint Secretary General Tarique Rahman from appearing in person before the court during the trial proceed-ingsoftheTk21 crore bribery case.
The court deferred to July 10 the hearing on charge framing against Tarique, former state minister for home Lutfozzaman Babar and six others in the case involving the murder of Bashundhara Group Director Humayun Kabir Sabbir.
Judge Shahed Noor Uddin of Special Court-3 also deferred to July 10 the hearing on a petition of detained former home minister Mohammad Nasim for exempting him from appearing before the court during the proceedings of a corruptionca.se.
Tarique, the eldest son of detained former prime minister and BNP Chairperson Khaleda Zia. submitted the petition to the court through his lawyers under section 540A(l) of the Criminal Procedure Code on June 25, seeking exemption from appearing in person during the trial of the case on health grounds.
The court set June 29 for hearing the petition but following a time prayer filed by Tarique’s lawyers the court deferred the hearing until yesterday.
Tarique was brought to the court premises yesterday by an ambulance from Bangabandhu Sheikh Mujib Medical University (BSMMU) Hospital at 12:25pm but he was not taken out of the ambulance or produced before the court
As the court went into session at 12:30pm, Tarique's counsel barrister Rafiqul Islam Mia appealed to the court for exempting Tarique, saying he is seriously ill and needs proper treatment immediately.
"Anything much worse might occur to him if he is brought to the court frequently," barrister Rafiq submitted.
Tanque's physician Dr Kazi Mazharul Islam Dolon also told the court that it was not possible to take his client out of the ambulance and bring him to the court even on wheelchair as he is seriously ill.
The prosecution pointed out that the petition does not have Tarique’s signature. The defence said it was not required, arguing that those who were given exemption earlier did not sign their petitions.
The judge asked two lawyers each from the defence and the prosecution to collect Tanque's signature on the petition and when the four went to the ambulance Tarique gave his signature in their presence.
Judge Shahed Noor then passed the exemption order.
Tarique was taken back to BSMMU around 1:00pm.
Following the exemption order the prosecution wanted to start the hearing on charge framing in the case, but the defence opposed saying the hearing should not go on as they could not consult with their client Tarique regarding the case matters.
The court set July 10 for the hearing.
Following a defence prayer, the court also permitted five defence lawyers to meet Tarique at BSMMU within 24 hours for consulting case matters.
On October 4 last year, AntiCorruption Commission Deputy Assistant Director Abul Kashem filed the bribery case, involving the murder of Bashundhara Group Director Sabbir with Ramna Police Station, accusing six persons including Babar.
Tarique and former BNP lawmaker Qazi Saleemul Huq Kamal were later included in the case as investigation found their involvement in the bribery.
Bashundhara Group Chairman Ahmed Akbar Sobhan alias Shah Alam, his two sons Shafiat Sobhan Sanvir and Sadaat Sobhan, East-West Property Development Ltd Director Abu
Sufian, and Tarique’s personal secretary Mia Nur Uddin Apu are the other charge-sheeted accused.
The ACC said the eight were involved in receiving and giving the bribe to ensure that Sanvir does not face charges for killing Sabbir whose body was found outside a building in Bashundhara residential area on July 5,2006.
NASIM’S PETITION
Nasim's counsels yesterday filed a prayer to defer the hearing on their petition to exempt Nasim from appearing in person before the court, saying they did not get the necessary documents and medical reports.
Judge Shahed Noor set July 10 for the hearing of the petition.
On June 26, Nasim's lawyers filed the petition seeking exemption for Nasim from personally appearing before the court on health grounds in the case filed in connection with illegal setting up of 3,00,000 digital telephone lines by Worldtel Holdings Ltd.
Nasim has been undergoing treatment at LabAid Specialised Hospital in the city after he suffered brain haemorrhage.