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Govt not allowed to appeal against

HC stay on 2 cases against Hasina

Staff Correspondent
The Supreme Court (SO yesterday did not permit the government to file regular appeals against the High Court (HC) orders that stayed the proceedings against Sheikh Hasina in the Niko and barge-mounted power plant corruption cases.
The government recently filed two leaves to appeal with the SC, seeking permission for filing regular appeals against the HC orders and also prayed forvacating them.
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The five-member full bench of the Appellate Division headed by Chief Justice. jRuhuL-A/BimheardnWi iW government petitions. The apex court directed the government to dispose of within two months the HC rules that asked the government to explain why proceedings of these cases should not be quashed.
Hasina's counsel barrister Shafique Ahmed told the media that following the Appellate Division orders trial proceedings against Hasina in the two cases would not run in the trial court until the HC rules are disposed of.
"Following the Appellate Division orders, the High Court orders that stayed the proceedings against Sheikh Hasina would remain valid until the rules are disposed of," he said.
Upon separate petitions filed by former premier and Awami League chief Sheikh Hasina, the HC on July 7 stayed for two months all proceedings of the Niko and barge-mounted power plant corruption cases filed againstner.
The HC also issued separate rules asking the government and the Anti-Conuption Commission (ACC) to explain within four weeks why the cases should not be quashed.
During the hearing of the leaves to appeal, government representative Attorney General Salauddin Ahmed told the SC that the ACC filed the cases against Hasina by properly following due processes and that the HC orders should be stayed for the trial of the cases.
But Hasina's chief counsel barrister Rafique-ul Huq argued that the ACC had not maintained due procedures of the ACC Act 2004 and ACC Rules 2007 in filing the cases, submitting charge sheets of the cases and sending the cases to the courts'
cognizance for trial, so the case proceedings against Hasina cannot runnow.
fm^Septemtoci ?-last*year,-A(X Deputy Director Sabbir Hasan filed the barge-mounted power plant corruption case with Tejgaon Police Station against Hasina and sixprom-inent personalities including former energy secretary Dr Toufiq-e-Elahi Chowdhury.
According to the case, Hasina and the other accused through mutual understanding and use of influence helped Wartsila Power Development Ltd Consortium and its two local partners--Summit Group and United Group-win a deal for setting up a 100MW power plant in Khulna depriving the lowest bidder.
The case statement says a few days before and after the deal, these three Sanies paid aTk3 crore kickback, was spent for buying a house with some land in Dhanmondi for the Bangabandhu Memorial lYust set up and controlled by Hasina.
Sabbir Hasan filed another case with Tejgaon police on December 9 last year accusing Hasina and six others of corruption and abuse of power in awarding three "abandoned" gas fields at Chhatak, Kamta and Feni to Canadian company Niko Resources Ltd during the tenure of the Awami League government.
The case statement said the Niko deal caused a loss of Tk 13.6 crore to the state coffers.