Khaleda lawyer cites Hasina case for dismissal of orphanage graft case

The lawyer for BNP chief Khaleda Zia has cited the quashing of a case against Prime Minister Sheikh Hasina as he urged for dismissal of a corruption case against her at the Supreme Court.

An Appellate Division bench, led by Chief Justice Md Muzammel Hossain, on Wednesday heard the appeal against High Court’s rejection of a petition that challenged trial court’s taking cognisance of charges against Khaleda in Zia Orphanage Trust case.

Hearing on the petition began on Monday, three years after the former prime minister moved the Appellate Division against the High Court’s rejection.

Lawyer Joynul Abedin said on the third day of hearing: “No evidence of this case contains signature of Khaleda Zia. It seems from the charge-sheet that she had no role in it (alleged corruption).

“Fund embezzlement is being alleged, but the money didn’t go to embezzlement stage. There was no element necessary to take cognisance of the charge against Khaleda Zia,” he said.

At one stage, the lawyer cited the quashing of a case against Hasina. “You quashed a case against Prime Minister Sheikh Hasina. Khaleda Zia is also a former prime minister,” he said.

Abedin wanted end to hearing for the day saying that he would later make a detailed statement on the case referred.

He said: “During the hearing of the case against Khaleda Zia, the High Court referred to many cases, but it didn’t see this (Hasina) case. I’ve brought the copy of the case that I will present later.”

The chief justice said: “Okay. You make your contention later. But make citations now, if any.”

“I have it. But shall I present now?” the lawyer said to the court, prompting the chief justice to quip: “Why are you such a miser? Present it, present it.”

Abedin, a former president of the Supreme Court Bar Association, then submitted copies of the case documents and said smiling: “I don’t know how I will satisfy you, my Lord.”

“By law,” quipped another bench member Justice Md Abdul Wahhab Miah.

The ACC in 2008 prosecuted six people including Khaleda and her son Tarique Rahman, accusing them of siphoning off Tk 21 million from funds meant for Zia Orphanage Trust, which reportedly came from a foreign bank.

ACC lawyer Khurshid Alam said during Wednesday’s hearing: “In the Khaleda Zia case, the High Court had cited Appellate Division verdict. It was not mandatory for them (High Court) to go by another High Court bench’s judgment (in Hasina case).”

“But they were supposed to go by the verdict of the Appellate Division. They did that. What's wrong here?” he said.

Alam said: “Money was collected in the name of Zia Orphanage Trust. But it didn’t exist other than on paper. The address of the Trust was said to be at 6 Moinul Road. But no signboard or banner was found there.”

“Those who are in the Trust are Khaleda Zia’s sons and relatives. She used to live with Tarique (Rahman) and (Arafat Rahman) Coco at the address mentioned (in the papers of the trust). That’s why primary evidence has been found against her,” he added.

The ACC lawyer argued that hearing on taking cognisance of charges against Khaleda could not be held now as those had already been framed.

In reply, a judge said: “They (the defence) have challenged the full proceedings in the case. That’s why hearing can go on.”

After lunch break, another of Khaleda’s lawyers, AJ Mohammad Ali, made his submission.

He said: “If a judge wants to frame charge (against an accused), he has to examine all records and evidence under Section 241 (a) and be satisfied that they have materials necessary for framing charge in this case.”

“This examination is not only a formality. It has to be really done.”

“The judge who framed charge (in Khaleda case) did it on his first day in the court. It’s not possible to examine 100-page documents in 10 minutes,” he argued.

The court fixed Thursday for next hearing.