A special court yesterday sent BNP leader M Saifur Rahman, Jamaat-e-Islami Ameer Matiur Rahman Nizami and Secretary General Ali Ahsan Mohammad Mojahid to jail in Barapukuria coalmine graft case.
It rejected bail prayers of the three after they surrendered on directives from the High Court (HQ.
Judge Amar Kumar Roy of the Special Court-2 said since the case is under the Emergency Power Rules (EPR). there is no scope for
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Power Rules (EPR), there is no scope for gran ting them bail.
It fixed November 12 for next hearing.
The Anti-Corruption Commission (ACC) filed the case on February' 26 this year against BNP Chairperson Khaleda Zia and 15 others including 10 former ministers from BNP and Jamaat-e-lslami.
The charge is causing a loss of Tk 159 crore to the state exchequer by awarding the contract for Barapukuria coalmine operation to a Chinese company through abuse of
Nizami, also former industries minister, was the first to enter the courtroom at 9:45am. He was followed by Mojahid at 10:00am and Saifur Rahman at 11:30am. Saifur was taken there in a wheelchair.
Later, former state minister for energy and mineral resources AKM Mosharraf Hossain who surrendered in the Barapukuria case Sunday was produced before the court.
Thousands of Jamaat leaders and workers gathered at the north gate of the parliament building complex. They chanted slogans demanding release o f their top leaders.
Special security measures were taken to avert untoward situation.
Jamaat activists blocked the road between Khamarbari and Bijoy Sarani intersections. They brought out processions, causing a huge tailback on the adjacent roads.
Saifur, Nizami and Mojahid were taken out of the court for Dhaka Central Jail at around 2:30pm.
After the court sat at 12:40pm, counsels for tire accused prayed for time and continuation of their clients’ 'bail'. They argued the case proceedings should be adjourned until the HC rules on their petitions for quashment of the case.
As the judge asked Saifur' s lawyer whether the former finance minister had obtained bail from higher court, he replied in the negative.
Abdur Razzak. counsel for Nizami, appealed the court to uphold the bail, and said a prayer has already been submitted to the HC for bail extension.
Prosecution lawyer Mosharraf Hossain Kajal said the accused were not even on bail. The High Court on November 4 and 5 asked them to surrender to the trial court
He said operation of the HC directives not to harass or arrest till submission of the police report has expired, and in the meantime the three did not seekfresh bail
Moreover, he said, the EPR does not provide for granting bail to accused.
Mojahid's lawyers appealed for time saying that their quashment petition will be heard tomorrow.
In response, the prosecution lawyer said he [Mojahid] is a lawbreaker He did not surrender to the trial court even after he was directed by the HC to do so.
After yesterday's proceedings. Nizami said if being a member of the purchase committee lands someone among the accused, no-one will want to be part of itfpurchase committee].
The accused former ministers from BNP are Saifur Rahman, Abdul Mannan Bhuiyan. Khandaker Mosharraf Hossain, M Shamsul Islam, MK Anwar, Aminul Haque. Altaf Hossain Choudhury, and AKM
Mosharraf Hossain. Mojahid and Nizami arc the accused ex-ministers from Jamaat.
The others charged with tire offence are former acting secretary to energy and mineral resources Nazrul Islam, former Petrobangla chairman SR Osmani, former Petrobangla director Mainul Ahsan, former managing director of Barapukuria Coal Mining Company Ltd (BCMCL) Sirajul Islam and Hosaf Group Chairman Moazzem Hossain.
LAWYERS' BRIEFING
Defence lawyer Abdur Razzak told reporters tit at they have accepted the decision, though they do not consider it fair.
“Saifur is seriously ill while Nizami too is an aged person. They should be given bail as they won't flee anywhere if they are granted bail." he said.
Like co-accused Khaleda Zia. Altaf Hossain Choudhury and Khandaker Mosharraf Hossain, they should also be granted bail, he added.
He said they will go to the higher court.
Prosecution lawyer Mosharraf Hossain Kajal said the accused did not surrender in time.
Talking to the reporters. Jamaat Assistant Secretary General Mohammad Kamaruzzaman said the court's decision would have adverse effects on the upcoming election.
JAMAATS RALEY
In protest, Jamaat leaders and activists held a rally near the north entrance to Sangsad Bhaban complex.
Speaking at the rally, Jamaat leader Delwar Hossain Saidee said by sending their leaders to jail the government has in fact further diminished the prospect for creating a congenial atmosphere for the parliamentary election.
He said the BNP-led four-party alliance will not participate in the election unless their seven-point demand is met and leaders released.
The rally ended at around 3:30pm.