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Judges embarrassed to hear Nizami plea

Petition against Gatco case to be sent to CJ

Staff Correspondent
A division bench of the High Court (HC) yesterday felt embarrassed to hear a writ petition filed by Jamaat-e-Islami Ameer and former industries minister Motiur Rahman Nizami challenging legality of the Gatco corruption case.
The HC bench of Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed was set for hearing the petition yesterday.
As Barrister Abdur Razzak started submission before the
court, member of the bench Justice Mashuque Hosain Ahmed felt embarrassed.
Nizami's counsels said the writ would now be sent to the chief justice for decision.
Lawyers present in the court told newspersons the HC bench felt embarrassed following some recent news items run by the media questioning authority of the HC to grant bail to the accused in the cases.
A Supreme Court (SC) lawyer quoted Justice Mashuque Hosain
SEE PAGE 15 COL 6 Ahmed as saying it is impossible for judges to discharge functions when questions are raised on dignity of the court and their position.
Another HC bench of Justice Sharif Uddin Chaklader and Justice Md Emdadul Haque Azad yesterday expressed surprise on commentsof a top lawyer about some HC orders granting bail to some accused and staying proceedings against them in graft cases.
Supreme Court Bar Association (SCBA) President Barrister Shafique Ahmed yesterday told the newspersons both the Bar and bench of the SC expressed surprise over some comments of that senior lawyer.
Barrister Shafique said the court passed orders under the laws, rules and reasons after hearing arguments from the lawyers and no lawyer should make such comments on the court authority.
The lawyers say the HC bench and Barrister Shafique pointed fingers to Dr Kamal Hossain, who recently commented on recent orders of the HC granting bail to some politicians including Nizami.
Nizami on July 17 filed the petition with ihe HC bench of Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed challenging legality of the Gatco case filed by the Anti-Corruption Commission. He also prayed for quashing the proceedings against him.
Following a petition filed by Nizami, the HC on July 14 granted him bail and issued a rule upon the government to show cause as to why the petitioner should not be granted regular bail. Nizami was released the next day.
The ACC filed the Gatco case against former premier Khaleda Zia, Nizami and 21 others on September 2 last year on charges of corruption in awarding Global Agro TYade (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.
On May 18. two HC benches rejected a bail prayer of Nizami since the case was filed under Emergency* Power Rules (EPR) and the trial court issued arrest warrants against him. Nizami was arrested the same night.