Court hears Hasina charges more Dec 31

A Dhaka court yesterday fixed December 31 for further hearing on charge framing against former premier and Awami League (AL) chief Sheikh Hasina and two others in the Tk 2.99 crore extortion case filed by Azam J Chowdhury.
The Dhaka Sessions Judge's Court sat after around 15 days of legal wrangling in the higher court over its functioning under special arrangements at Jatiya Sangsad Bhaban complex.
The trial court decided to continue the hearing as the prosecution did not produce some evidence and documents substantiating the charges brought against the accused.
The defence is scheduled to come up with their submission for further hearing after seeing the evidence. Though the prosecution completed their submission yesterday with the prayer to frame charge against the accused the court decided to continue the hearing.
Detained Hasina and another accused former health minister Sheikh Fazlul Karim Selim were present during the court proceedings. Sheikh Rehana, the third accused whom the prosecution showed as "fugitive", is in London.
However, Barrister Azmalul Hossain had earlier appealed to the court to let him stand on Rehana's defence.
The court had rejected the prayer but decided yesterday to write down the decision following the lawyer's appeal for a certified copy of the decision so that he could go to the High Court (HC).
Azmalul also sought adjournment of the hearing until January 2 so that he might have time to settle the matter in the HC before hearing on charge framing against Rehana.
The court of Judge Mohammad Azizul Haque sat at 9:40am just five minutes after elegantly dressed Hasina came on the dock along with her cousin Selim.
Half an hour earlier, both the defence and the prosecution including AL acting president Zillur Rahman, a number of pro-AL lawyers, and Selim's family members entered the courtroom after phases of checking at several points.
As Zillur appeared, waiting defence lawyers brought a gown and helped him put it on as the 80-year-old veteran politician prepared to sit among Hasina's counsels.
When charges were being read out by Chief Public Prosecutor ABM Sharfuddin Khan Mukul, Hasina in her mixed-colour-handloom saree made scoffing comments finding those "baseless".
Wrapped in a coffee-coloured shawl, the former prime minister looked lively during the over two-hour-long hearing.
Although the court permitted both the accused to sit following a prayer from the defence, Hasina and Selim chose to stand during the hearing.
At times, the AL chief rested her head on her hands tinted with red henna and put on the wooden dock.
As Mukul was reading out the charge sheet Hasina and Selim were seen listening to it attentively, talking to each other, and sometimes consulting their lawyers and family members in a lower voice.
"I don't know how to do business," was one of Hasina's remarks made several times in response to the charge that Selim had given her Tk 1 crore of the extorted money saying that "if the work is done, it would be a good business for us".
As Mukul mentioned the amount, Hasina in a satirical tone commented "only" with an insinuating smile flashing upon her face.
"The calculation does not even match the main figure," is another sharp comment by her when Mukul detailed how the amount was shared.
Mukul also read out excerpts from the judicial statement regarding realisation of the extortion money and its shares that Selim retracted in a petition before the same court on December 3.
Mukul also read out from the judicial statement given by Hafizuddin Khoka who had encashed and carried the extorted money on behalf of Selim.
The statement was enclosed in the supplementary charge sheet submitted just before the day the trial began.
The public prosecutor said according to the judicial statements of Selim and Khoka they deposited eight cheques of Tk 299,65,500 in bank accounts with the Standard Chartered Bank and the Southeast Bank.
It was found that Selim then opened an account with the Dutch Bangla Bank Ltd depositing Tk 15 lakh. The money was then withdrawn from the banks and deposited to the DBBL account, he added.
Mukul went on to say that Tk 1 crore of the money was given to Hasina, while Tk 50 lakh was kept in a fix deposit account in the name of Banglar Bani, a Bangla daily.
Selim opened another fix deposit account with Tk 15 lakh in his wife's name, he noted.
Mentioning the 24 pieces of evidence seized, the prosecutor pleaded the court to frame charges under sections 384, 385 and 34 of Criminal Procedure Code (CrPC).
The charges the prosecution proposed are extorting money, intimidating an individual, threatening to injure an individual putting them in fear of something and conducting the crime in connivance with another through financial transaction.
After the prosecution completed their submission, the court asked the defence to proceed with their submission. But they declined to proceed saying they are yet to see some evidence of the case.
Barrister Shafique Ahmed said: "There's a provision to show seized items to the defence as well as to the court."
The court also wanted to see those but the prosecution failed to deliver. The court then fixed the next hearing date after the defence and the prosecution reached an agreement.
The pieces of evidence the public prosecutor failed to produce include secretarial files that allegedly created obstacles to the power plant work and caused delays, which according to the public prosecutor forced the complainant to pay the money.
Earlier, the defence petitioned to the court for adjournment of the hearing on different grounds. The court rejected the motion and urged the prosecution lawyers to proceed.
The judge said: "Since there is an order from the apex court vacating the High Court stay order, there is no scope for me to adjourn the hearing. None will come forward to save me and I will not take the risk. It would be a contempt of court."
Just after the court began its proceedings, the defence sought directions from the court regarding security of the court. They said they, AL leaders, and family members of the accused face extensive checking while trying to enter the courtroom.
They termed the trial "a camera trial" and mentioned the inadequate sitting arrangements for people and the extensive security measures that did not even allow AL leader Motia Chowdhury to enter the court.
They criticised "unnecessary" deployment of police around the dock and demanded their withdrawal.
The defence said the law enforcers were treating them and the prosecution differently.
Ordering withdrawal of law enforcers from around the dock, the judge said they should reach an "amicable settlement".
Mentioning bomb blast incidences in courts and parliaments in different countries, the judge said: "I cannot give any order regarding security. I cannot ensure security. It is a matter of the government."
The court however pledged to ensure equal treatment of all lawyers and better sitting arrangements in the courtroom.
Quoting Hasina, Zillur said the case was going on to undermine the survivors of the August 15, 1975 attack on the Bangabandhu family.
He said the former premier has expressed her worries about a fair trial saying she thought the case was politically motivated.
Meanwhile, a large number of security personnel from different law enforcement agencies including police and Rapid Action Battalion were deployed on the roads adjacent to the Jatiya Sangsad Bhaban, with vehicles for quashing riots on hand.
A considerable number of AL supporters thronged the area as well.
THE CASE
Azam J Chowdhury, managing director of Eastcoast Trading Pvt Ltd, filed the case against Hasina and Selim with Gulshan Police Station on June 13 this year, accusing them of extorting Tk 2.99 crore from him.
The investigation officer (IO) later included Sheikh Rehana's name in the charge sheet submitted on July 24.
A court accepted the charge sheet, issued a warrant of arrest against Rehana and ordered confiscation of her property.
Law enforcement agencies arrested Hasina on July 16 and produced her before a magistrate's court, which sent her to the sub-jail.
The supplementary charge sheet was submitted on December 2.