The order came at a time when the ruling BNP is negotiating to have the former president on its side in the upcoming elections in return for gradually withdrawing the cases pending against him, even if by annoying its key ally Jamaat-e-Islami.

The Special Court for Dhaka Division discharged the overthrown ruler from the cases for illegally awarding a contract to Scimitar Oils for drilling and exploring at Haripur oil field in 1987, and for purchasing two ships from Pakistan during 1988-1991.

The charges of the cases were pressed in 2003.

The same court acquitted Ershad seven days ago in another graft case for withdrawing income tax money.

The court also fixed September 18 and 20 for framing charges in the cases against former energy and mineral resources minister Anwar Hossain Manju and former education minister Sheikh Shahidul Islam, both now leading a JP faction.

The BNP also offered the JP faction to join its alliance, sources said.

The court said, "It further appears that though accused HM Ershad is not FIR named, the supplementary charge sheet submitted long after 12 years from the date of the first charge sheet, has implicated accused HM Ershad as one of the accused though there are no such materials against him. At the same time, it appears that the alleged charge against him is groundless.

"Thus the discharge petition filed by accused HM Ershad is allowed and accordingly he is discharged," Special Judge Malik Abdullah Al-Amin said in his order of one case.

The court discharged Ershad in the other case also observing that no materials were found for framing charges against him.

Terming the cases "false" and "fabricated", a cheerful Ershad in his instant reaction told reporters, "I am getting justice. Justice will prevail and I will be acquitted in all the cases if the trials are conducted neutrally."

Ershad ruled the country for nine years before being overthrown in a mass movement in December 1990.

Following the court order, JP leaders and activists burst out in joy on the court premises.

Manju, chairman of a JP faction and an accused in one of the cases, was present at the court. "The court has the jurisdiction to decide whether to frame charges or not against one," he told reporters.

The counsel of Manju claimed that the same court discharged former post and telecommunications minister Kazi Firoz Rashid in another case observing that a minister does not have sole jurisdiction to run his ministry in a presidential form of government.

The case alleged that the then president Ershad awarded the contract to Scimitar misusing power. "So, my client who was a mere minister at that time should also be discharged from the case," the counsel told reporters.

Special Public Prosecutor (PP) of the two graft cases Fazlur Rahman Khan said he will decide whether to file an appeal against the court order after receiving the certified copy of the order.

The PP, a member of the BNP lawyers' platform Jatiyatabadi Ainjibi Forum, has not yet decided anything about filing an appeal against Ershad's acquittal in the graft case for withdrawing income tax money.

"I have gone through the copy of the judgment and now I am waiting for the certified copy of the verdict," he told The Daily Star yesterday.

Meanwhile, analysing the present political situation, many political observers said Ershad's acquittal and discharge from graft cases is paving the way for his joining the four-party alliance as the ruling BNP has started to meet Ershad's condition for withdrawal of the cases against him.

The acquittal of Ershad has proved that BNP's desperate move to bring Ershad in its electoral alliance ahead of the next parliamentary election is achieving success, they said.

On Jamaat's objection against Ershad's inclusion in the coalition, they said Jamaat will lose importance in the alliance once the JP is included.

The JP-Ershad alone bagged 7.25 per cent of total votes in the October 2001 election while Jamaat bagged only 4.28 per cent with support of the BNP.

The cases stuck for a long time have gained speed for disposal soon after the BNP initiated the moves for strengthening its electoral alliance by bringing Ershad, who could not contest the 2001 parliamentary election for conviction in a graft case.

OTHER CASES AGAINST ERSHAD
Of the cases filed against the deposed president, the verdict in one case is ready for delivery while 11 cases are under trial, two are under investigation and two are pending with the High Court following lower court verdicts.

The First Additional Metropolitan Sessions Judge's Court on August 27 will deliver its verdict in a case against Ershad concerning allotment of plots to 49 persons during his presidency.

Hearing on a case for smuggling gold will also be held at this court the same day.

Ershad, who had been in jail for five years during the tenure of the previous BNP government, was released on bail in cases one after another on political understanding with the Awami League for supporting it to form the government in 1996.

THE TWO CASES
The caretaker government led by Justice Shahabuddin Ahmed filed one of the graft cases against Ershad on February 19, 1991, while the then BNP government filed the other on January 16, 1992.

The cases remained stuck for a long time until the present BNP-led alliance government initiated moves to press charges in the cases. Directed by the government, the investigation officers (IO) of both the cases pressed charges in 2003.

The first case filed with the Tejgaon Police Station alleged that the then president Ershad and Manju awarded a contract to the Scimitar Oils for drilling and exploring 1,650 square kilometres of area in Haripur oil field in 1987, causing a huge loss of $79,000 to the public exchequer.

The IO pressed charges against Ershad and Manju on May 2, 2003.

The other case alleged that Ershad, former education minister Shahidul, two high officials of Bangladesh Shipping Corporation and a businessman in collusion with others bought two ships from Pakistan by forging documents, which caused a loss of Tk 2,95,698,000.

The IO pressed charges against Ershad, Shahidul and three others on August 27, 2003.