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Barapukuria case stayed

Khaleda, ex-ministers appear in lower court

CHaitanya Chandra Halder, Ashutosh Sarkar and Rashidul Hasan
The High Court (HC) yesterday stayed for three months the proceedings against former prime minister and BNP Chairperson Khaleda Zia in Barapukuria coal mine corruption case filed by the Anti-corruption Commission (ACC).
Meantime, Khaleda appeared before a Dhaka court on the day in connection with this case.
After hearing a petition filed by the former premier, an HC bench comprising Justice Syed Muhammad Dastagir Husain and Justice Farid Ahmed issued a rule upon the government and the ACC to show cause within two weeks why the proceedings against her in this case should not be quashed.
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The HC had earlier stayed proceedings of Gatco and Niko graft cases in which Khaleda is an accused. And Zia Orphanage TYust graft case against her is now under investigation.
Earlier on Tuesday, another HC bench comprising Justice Syed AB Mahmudul Huq and Justice Moyeenul Islam Chowdhury felt embarrassed to entertain Khaleda's petition and referred the manor to Chief Justice (CJ) MM Ruhul Amin for a decision
The chief justice on Wednesday sent the petition to the HC bench of Justice Dastagir and Justice Farid forbearing
Following the hearing, Khaleda’s counsel barrister Rafique-ul Huq told newsmen that she or any other member of her family did not take any benefit from Barapukuria coal mine contract. nor did they give any benefit from the contract to anybody.
There was no corruption in this contract, and the case was filed on the basis of misinformation and with malafide intention.
Advocate MA Aziz Khan, who argued for the ACC, told newsmen that he did not get any instructions from the ACC as to whether they would file any appeal with the Supreme Court against the HC stay order.
ARGUMENTS
During the hearing. Rafique-ul Huq told the HC that the ACC filed this case on February 26. submitted to court 'final report' on the case on June I and pressed charges in court on October 5
He said the ACC did not explain the delay in submitting the charge sheet but ACC rules 2007 prorides that charge sheet has to be submitted within 30 days of filing a case. And in case of any delay, the ACC has to explain it.
Rafique said an investigation officer (IO) of the ACC had earlier submitted 'final report' to the ACC saying the case was filed on the basis of wrong information, and there was no offence committed.
He said the ACC then assigned another IO for reinvestigating the case. But the ACC rules do not provide for further investigation into any case, and changing an IO.
The ACC is comprised of three commissioners, and according to the rules, sanctions for filing cases and submitting charge sheets must be approved by the entire commission instead of individual commis-; sioners, the counsel argued.
So. filing cA the casoohd ’sub hutting the charge sheet against his client were illegal as those were not sanctioned by the entire commission.
Advocate MA Aziz Khan opposed the quashment petition, saying the ACC properly followed rules in giving sanctions to its assigned officials in filing this case and submitting charge sheets.
The court told him that as per the ACC rules, the commission had to give sanctions to its officials at all stages of proceedings of cases but it did not do that in this case.
The ACC counsel argued that there was no necessity of the ACC sanctions again and again for proceedings of cases.
The HC bench asked him whether he was teaching them laws.
The counsel then said the ACC rules regarding sanctions should bechanged.
LOWER COURT PROCEEDINGS Khaleda appeared before the Metropolitan Sessions Judge's Court in this case yesterday.
She was earlier produced before the Chief Metropolitan Magistrate s Court on September 3 last year after her arrest in Gatco graft case.
Yesterday, proceedings of all the courts including District and Sessions Judge's Court and Metropolitan Sessions Judge's Court were suspended for over three hours because of the huge rush of people at the courts centring Khaleda's appearance. A severe traffic jam was created in the court are as
The former premier along with her lawyers including Khandaker De I war Hossain, also BNP Secretary General, appeared before the court at noon as hearing of the case was scheduled for yesterday.
She was given a chair in the courtroom during the hearing that continued for over an hour. The courtroom was jam packed with lawyers and BNP leaders.
Khaleda's lawyers Joynul Abedin, Sanaullah Miah and Masud Ahmed Talukder submitted two petitions -- one for continuing her HC bail on its expiry and the other for staying the proceedings of the case.
Moving the petitions, the lawyers said Khaleda had earlier obtained a four- month HC bail on August 28. As the Metropolitan Sessions Judge's Court had earlier asked her and other accused s to appear before it yesterday, she complied with the court order.
Moreover, they had earlier appealed to the HC for quashing the case. So, they prayed to the metropolitan court for staying the proceedings of the case until hearing of the quashment petition ends, lawyers said.
l\vo other BNP leaders and former ministers MK Anwar and M Shamsul Islam, and Jamaat Ameer and former minister Motiur Rahman Nizami. now on HC bail, appeared before the metropolitan court yesterday.
Nizami's lawyers submitted a petition for continuing the HC bail on its expiry.
Another accused in the case, former BNP secretary general and minister Abdul Mannan Bhuiyan could not appear before the court due to illness. Former finance minister M Saifur Rahman, one of the accused, did not appear in the court since he is on a four-week HC bail.
Two detained former ministers-- Khondaker Mosharraf Hossain and Altaf Hossain Choudhury-also accused in the case, were produced before the court.
Jamaat-e-Islami Secretary General Ali Ahsan Mohammad Mojahid, and seven other accused who are absconding, did not comply with the court order to appear before it.
The Anti-Corruption Commission (ACC) pressed charges against Khaleda and 15 other accused in this case on Octobers.
The ACC filed the case on February 26 this year accusing them of causing a loss of Tk 159 crore to the state exchequer by awarding a contract for operating Barapukuria coal mine to a Chinese company through abuse of power.
Additional police forces were deployed on the court premises to avoid any untoward incident. Lawyers and all others were given permission to enter the court premises after checking with metal detectors.
Hundreds of activists and supporters of BNP and Jamaat thronged .the court premises. ' Carrying party flags and banners, they chanted slogans for withdrawal of the case against Khaleda.
Party supporters and activists were seen standing on both sides of the road from Gulistan to the court while Khaleda was on her way to court.