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HC grants bail to Nizami, Redwan

Mirza Azam asked to surrender in 10 days

Staff Correspondent
The High Court (HC) yesterday granted ad-interim bail for two months to Jamaat-e-Islatni Ameer and former minister Motiur Rahman Nizami in Gatco corruptioncase.
The HC bench also granted ad-intenm anticipatory bail to former state minister Redwan .Ahmed and
his wife Momtaj Ahmed, former lawmaker Giasuddin Ahmed in separate graft cases filed by AntiCorruption Commission (ACC) on charge of amassing illegal wealth and concealing information in the wealth statement to the ACC.
The court also issued separate rules upon the government to explain why the petitioners should not be granted regular bail in the cases.
ACC's counsel advocate Khurshid Alam Khan yesterday told The Daily Star yesterday that the ACC would file appeals with the Supreme Court (SC) today to vacate the HC orders granting bail to Nizami, Redwan and his wife and Giasuddin Ahmed in the graft cases against them.
"Motiur Rahaman Nizami is a principal accused in the Gatco corruption case. The ACC has taken his bail seriously. We will file appeal with the SC against his bail onTuesday," he said.
Meanwhile, the same bench, following another petition, ordered Awami Jubo League general secretary and former lawmaker Mirza Azam to surrender within 10 days before the trial court for bail in a graft case filed by the ACC.
NIZAMI'S BAIL
After hearing the bail petition filed by detained Nizami, the HC bench comprised of Justice Sharif Uddin Chaklader and Justice Md Emdadul Haque Azad also issued a rule upon the government to explain why the petitioner
(Nizami) should not be granted regular bail in this case.
Nizami’s counsel barrister Abdur Razzak told newsmen that following the HC order there was now no legal bar to release Motiur Rahman Nizami from jail, since he is not wanted in any other case.
He also said that the HC granted bail to Nizami on grounds that the investigation report has not been submitted within the stipulated 60 days after filing of the case and the case was filed with malafide intention since the secretaries, including Dr Saadat Hussain, who were on the purchase committee at the time were not accused in the case.
Earlier on May 18, two HC benches rejected a bail prayer of Motiur Rahman Nizami in the same case, since the case was filed under emergency power rules (EPR) and the trial court earlier issued arrest-warrant orders against him.
Nizami was arrested the same night
The Anti Corruption Commission (ACC) filed the case against former prime minister Khaleda Zia, Motiur Rahamn
Nizami and 21 others on September 2 last year on charges of corruption in awarding Global AgroTYade (Pvt) Co Ltd (Gatco) the contract for container management at inland container depots in Dhaka and Chittagong causing a loss of over Tk 1,000 crore to the state exchequer.
The case was brought under EPR later.
The case is pending with the special judge's court-3 at Jatiya Sangsad Bhaban complex.
MIRZA AZAM
The same HC bench following another bail petition ordered Awami Jubo League general secretary and former lawmaker Mirza Azam to surrender within 10 days before the trial court for bail in a graft case filed by the ACC.
His counsel barrister Shafique Ahmed told reporters the HC also asked the trial court to consider Azam's bail petition in this case
“As the trial court earlier issued an arrest warrant against Mirza Azam, the HC ordered him to surrender before the trial court within 10 days and the HC also directed the government not to harass or arrest him in this
period, “he said.
Mirza Azam, who has been on the run since state of emergency was declared on January 11 of 2007, appeared before the HC bench for bail yesterday.
The HC passed the order after ‘‘ hearing his bail petition in the afternoon session of the court. Before that the police were ordered not harass or arrest him during the court hours.
ACC Deputy Director Mobara Khanam filed the case against Mirza Azam with Ramna Police Station on January 10 this year for amassing illegal wealth and giving false information to the commission.
In the case statement, the complainant said Azam was accused of concealing Tk 64,295 wealth and accumulating wealth worth Tk 53.62 lakh beyond his known sources of income.
On July 7, ACC Deputy Director SM Mofizul Islam, also the investigation officer (IO) of the case, submitted the charge sheet against Azam to the Chief Metropolitan Magistrate's (CMM) Court of Dhaka showing 34 people as prosecution witnesses.