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HC stay on 2 cases against Hasina upheld

SC turns down govt petitions

Staff Correspondent
The Supreme Court (SC) yesterday turned down government petitions seeking stay of the effectiveness of High Court (HC) orders suspending earlier the proceedings of Niko and barge-mounted power plant graft cases against former premier Sheikh Hasina.
The cases were filed by the Anti-corruption Commission (ACC) against Hasina, also the Awami League chief, who is currently in the US on parole fotWatnient.
After hearing the petitions moved by Attorney General (AG) Salauddin Ahmed. Chamber Judge of the Appellate Division Justice Md Joynul Abedin asked the government to file regular appeals with the SC against the HC orders, and fixed October 13 for hearing the regular appeals before the full bench of the court
Meanwhile yesterday, an HC bench comprising Justice Mirza Hussain Haider and Justice Mamnoon Rahman scheduled today for hearing the petitions filed
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by Hasina on September 14 for staying the judicial proceedings against her in the Tk 3 crore extortion case and the MiG-29 warplane purchase graft case.
Hasina's counsel Barrister Shafique Ahmed told reporters yesterday that since the SC did not accept tiie government petitions, the HC orders staying the proceedings against her in Niko and bargemounted power plant graft cases will remain in effect.
He said the chamber judge of the apex court did not accept the government petitions because review by the HC of its earlier rulings upon the government for explaining why the proceedings of the cases should not be quashed, is still pending.
Barrister Shafique said the government's move to file appeals with the SC against the HC orders proved that the government is not sincere about Hasina's release.
"The government is, on the one
hand, saying Sheikh Hasina herself will have to take legal initiatives for making her release permanent, while on the other hand it is filing appeals against the HC orders that go in favour of her. AD the cases filed against Sheikh Hasina are politically motivated. As her counsel, I think she can't sit with the government for a dialogue while she is still being burdened with the cases against her," he said.
THECSAES
On September 2 last year, ACC Deputy Director Sabbir Hasan filed the barge-mounted power plant corruption case with Tejgaon police station against Hasina and six prominent personalities including former energy secretary DrToufiq-e-El ahi 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 in win-
ning 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, the three companies paid a Tk 3 crore kickback, which was spent for buying a house with some land in Dhanmondi for Bangabandhu Memorial Trust set up and con-trolled 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 a Canadian company Niko Resources Ltd during the last Awami League government's regime.
The case statement said die Niko deal caused a loss of Tk 13.6 crore to the state coffers.
Upon separate petitions filed by Hasina, the HC on July 7 this year stayed for two months all proceedings of the cases.
The HC also issued separate rulings asking the government and ACC to explain within four weeks why the cases should not be quashed.
The government filed two leave to appeal petitions with the SC, seeking permission for filing regular appeals against the HC orders, and also prayed for overturning them.
After hearing the government petitions for leave to appeal, on August 13, the SC did not permit the government to file regular appeals against the HC orders.
The apex court directed the government to reply to the HC rillings first before petitioning (he SC.
The government (hen went back to the HC with the replies for hearing.
The HC on August 21 started hearing the government replies, and on August 27 extended the duration of its stay orders till the end of the hearing.