Court Declares Hasina Graft Trial Unlawful

Author: 
Imran Rahman & Agencies
Publication Date: 
Thu, 2008-02-07 03:00

DHAKA, 7 February 2008 — Detained former Bangladeshi Premier Hasina Wajed scored a victory against the army-backed government yesterday with a court ruling that she could not be tried for corruption under emergency laws.

The former premier, who led the country from 1996 to 2001, is one of around 150 high-profile figures arrested as part of an anti-graft drive by the emergency government, which took office in January 2007.

She is being tried by a special fast-track court, but the High Court in Dhaka said this was illegal — effectively throwing into doubt all other completed or pending corruption cases pushed by the authorities.

Hasina’s lawyer said, however, that this victory would be short-lived, with the government set to take the matter to the Supreme Court — a body that has in the past sided with the authorities.

“It’s a major victory for us. The High Court... gave the verdict in favor of the former prime minister,” Kamrul Islam said.

“We will fight in the Supreme Court, although we have very dim hope for a positive verdict. In the past, the Supreme Court’s appellate division has overturned all the High Court verdicts in favor of the government,” he added.

Within hours of the crucial judgment, the government filed a petition with the Appellate Division of the Supreme Court asking the top court to stay the High Court ruling.

Judge M.A. Matin of the Appellate Division referred the government plea to the full court for hearing today.

Azam J. Chowdhury, managing director of East Coast Trading Pvt. Ltd., in his petition had accused Hasina and her cousin Fazlul Karim Selim of extortion.

Hasina, the leader of the Awami league party, went on trial for corruption last month, facing accusations that she extorted $435,000 from the businessman.

She has denied the charges, arguing that the military-backed emergency government was merely trying to destroy her political career.

Hasina faces a maximum 14 years in jail if convicted. The trial is expected to be concluded within the next two months, as required under the country’s emergency rules.

The courtroom was packed with lawyers, journalists and people as the High Court bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam handed down the verdict.

Legal experts say the judgment could weaken the government’s other corruption cases against Hasina under the Emergency Powers Rules. However, the cases could be tried under the ordinary laws of the land.

Khaleda Zia, the country’s last elected premier, is also in detention on graft charges. She and Hasina are bitter rivals, and have been blamed for 16 years of misrule and rampant corruption.

The country has been under emergency rule since Jan. 11 last year, when polls were canceled after months of violence over vote-rigging allegations made by the Awami League against Khaleda’s Bangladesh Nationalist Party.

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