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Noor Ali Case

Govt keenly fights Hasina’s bail bid

HC to order on Sept 29; 'confused' counsel sees end to Hasina-Khaleda meet; AAG tells of instruction from authorities concerned

Staff Correspondent
In a move contrary to an apparent understanding with the Awami League (AL), the government yesterday strongly opposed a bail prayer of Sheikh Hasina at tire High Court (HC) in an extortion case filed by businessman Noor Ali.
The opposition surprised AL President Hasina's counsel barrister Rafique-ul-Huq who was asked by the caretaker government's law adviser earlier yesterday to obtain
Hasina's bail from the HC so that she can sit in a meeting with BNP Chairperson Khaleda Zia.
But within hours, the government attorneys opposed the bail petition which, according to barrister Rafique, jeopardised the possible dialogue between the two former premiers to "remove political crisis ahead of the next parliamentary elections".
Rafique, who also represents Khaleda, had taken an initiative to bring the two leaders to a dialogue.
Additional Attorney General (AAG) Mansur Habib, who represented the government in the HC, told newsmen that he opposed Hasina's bail prayer at the instructions of the "authorities concerned".
Talking to journalists, barrister Rafique said Hasina-now abroad on parole for treatment--should come back home as a free person having secured bail in all cases she is standing trial.
In a situation where Khaleda got released on bail and Hasina is on parole, no dialogue can be held between them, he said.
"Now Sheikh Hasina can say -and she has every right to say it-that she will not haw any meeting with Khaleda Zia. I will not have anything to do if Sheikh Hasina said she would not sit in any meeting with Khaleda Zia without getting released on bail," said barrister Rafique.
Based on an apparent understanding with the government earlier this month, Khaleda got bail in four cases and the government attorneys did not oppose filing of the bail petitions in favour of Khaleda at that time.
Earlier on September 23, a vacation bench of the HC sent back two bail petitions filed on behalf of Hasina in the Niko and bargemounted power plant corruption cases filed by the Anti-Corruption Commission since the HC bench did not have the jurisdiction to hear the petitions.
Following submissions from both sides, an HC vacation bench comprised of Justice Sheikh Rezowan Ali and Justice Md Rais Uddin fixed September 29 for passing order on Hasina's bail petition in the Tk 5 crore extortion case filed by Noor Ali.
The HC bench also asked the AAG to submit within this period a Supreme Court order that granted bail to Khaleda's son Tarique Rahman on health grounds for considering Hasina's bail petition on similar grounds
AAG Mansur opposed the bail prayer, saying Hasina, who is now on parole, sought bail for taking part in the next general elections.
"Sheikh Hasina has been travelling to different European countries and even recently attended a mar-nage ceremony in the Netherlands. She was released on parole on health grounds on the basis of a medical report prepared in June this year. The medical reports of her recent health condition needed to be scrutinised for considering her bail prayers," he said.
The AL chief s lawyers said they would submit the petitions to another HC bench on September 29 forbearing.
Rafique-ul-Huq said both he and the government had been trying to seat the two leaders together, but now the government's policy about Hasina's release seemed unclear to them.
"I am confused if the attorney general's office is complying with the instructions of the law ministry and if it has any communication with the ministry. How will the meeting between Khaleda Zia and Sheikh Hasina be held if Hasina does not get released on bail?" he said.
He. however, expressed hope about holding of the meeting
between the two former premiers.
Earlier yesterday, he prayed to the HC to grant Hasina bail on health grounds saying both the Appellate and HC divisions had granted bail to several accused including Tarique Rahman, Sigma Huda, Sa I auddin Quader Chowdhury and Mohiuddin Khan Alomgir in similar cases.
Replying to a question, AAG Mansur told reporters that he had not opposed Hasina's bail petition in the Tk 3 crore extortion case filed by Azam J Chowdhury since his client, the government, did not supply him with sufficient materials for contesting die prayer.
Noor Ali, managing director of Unique Group of Companies, filed the case with Tejgaon Police Station on June 13 last year, accusing Hasina and her two relatives of extorting Tk 5 crore for mediating between the Power Development Board and his firm for a power plant deal back in 1997.
The government on July 16 last year brought the case under the Emergency Power Rules (EPR) and a magistrate's court ordered on July 29 that Hasina be shown arrested in the case.