MiG-29 corruption case goes to trial

A special court yesterday framed charges against former prime minister Sheikh Hasina and five others in a graft case in connection with purchase of MiG-29 warplanes.
Judge Golam Mortuza Majumder of Special Judge's Court, Dhaka Division, also fixed September 3 for beginning the hearing of witnesses' depositions.
With yesterday's charge framing the Awami League chief is now charged in three cases. On January 13, Hasina was indicted in a Tk 2.99 crore extortion case filed by businessman Azam J Chowdhury, and on May 18, charges were framed against her in a graft case in connection with setting up a barge-mounted power plant.
The trial of Niko graft case filed against Hasina and nine others, which had been going on in the second special court, was stayed for two months by the High Court on July 7.
Hasina, who is now getting medical treatment abroad, was exempted from appearing in person during the proceedings of the MiG-29 graft case on June 9.
She was represented by her lawyer Advocate Sahara Khatun yesterday.
The other accused in the case, former air force chief Jamaluddin Ahmed, former defence secretary Syed Yusuf Hossain, Air Commodore (retd) Mirza Akhter Maruf, former joint secretary Mohammad Hossain Serniabat, and Unique Group Managing Director Nur Ali were however in the dock yesterday.
On August 12, the court relieved former army chief Gen (retd) Mustafizur Rahman of all charges in the case, as he had passed away on August 3.
During yesterday's proceedings, defence lawyers repeatedly prayed for an adjournment of the charge framing, but the court declined as it did not find any ground for that.
As the court sat at 10:00am, the defence filed a petition seeking a one-month adjournment.
The defence counsels in their submission told the court that Hasina is now staying abroad for treatment on an executive order by the government, and she is scheduled to return home on September 8.
"It is her desire to be present physically in the court for hearing the charges against her, so the charge framing should be adjourned for a month," argued Advocate Kamrul Islam.
Opposing the defence's prayer, prosecution lawyer Advocate Sharfuddin Khan Mukul told the court that the defence does not have the right to file the petition at this stage.
He submitted that the former prime minister was exempted from appearing in court, and her lawyers have been regularly representing her in the proceedings.
The lawyers who have been representing Hasina must give up their right to represent her in her absence before filing such a petition, he said adding, the law through which she had been granted the exemption, states that she is represented in the court by her lawyers.
Citing examples of different courts in the sub-continent, he said, "Charges were framed against BNP Senior Joint Secretary General Tarique Rahman in another special court recently with his lawyer representing him."
"So, the charges should be framed against the accused as there is no legal bar on doing so," Mukul argued for the prosecution.
At that time, the defence lawyers appealed the judge not to frame the charges until Hasina returns home. "The case is not even under the emergency power rules," defence lawyer Advocate Kamrul Islam pleaded.
The court then said nobody can guarantee her return on time since she is undergoing treatment.
Then the defence lawyers repeatedly pressed for a 15-day adjournment, saying they need to talk to their client regarding the issue.
As the judge wanted to read out the charges, the defence lawyers came up with yet another appeal for a short adjournment.
In reply, the judge said, "I respect your submission, but I can't find any reason for that."
Finally, the defence lawyers prayed for a one-day adjournment, which was also rejected by the court.
As the defence continued with their appeals, the judge read out the charges.
While Hasina was in power, she in collaboration with the other accused unnecessarily purchased eight MiG-29 jet fighters for gaining benefits, causing a loss of Tk 700 crore to the state exchequer, the judge read out.
He also read out the charges against the other accused.
All the accused pleaded 'not guilty'. Hasina's lawyer Sahara said her client too is innocent.
The court scheduled September 3 for beginning the trial.
The now-defunct Bureau of Anti-corruption (Bac) filed the case with Tejgaon police station on December 11, 2001.
DEFENCE'S NEWS BRIEFING
Talking to the reporters, the defence lawyers alleged that the charges were framed defying the rules of court proceedings.
Advocate Kamrul Islam alleged that the judge framed the charges, being influenced by the prosecution.
"We will file an appeal against the decision with the High Court," he added.
The defence also said the case was filed just to 'besmirch the political reputation of the former prime minister'.
The prosecution however denied the defence's allegations.
Advocate Syed Shamim Ahsan Habib told the reporters that whenever a decision goes against the defence, they find it unjustified.
He said the defence lawyers filed an improper petition just to waste time.
Hundreds of AL leaders and activists were present outside the court.