Writs challenge cases against Khaleda, sons

BNP Chairperson Khaleda Zia and her sons Tarique Rahman and Arafat Rahman Koko--all three in detention now--yesterday filed three separate writ petitions with the High Court (HC) challenging the legality of filing and continuing the cases against them.
The same day two detained former ministers--Moudud Ahmed and Nazmul Huda--also filed writ petitions with the HC challenging the cases that the Anti-Corruption Commission (ACC) filed against them for amassing wealth beyond their known sources of income.
Khaleda and Arafat in their petitions questioned the validity of the government move bringing the graft case against them under the emergency power rules (EPR). The accused has no right to bail once the charges are under the EPR.
An ACC deputy director filed the case against the former premier and her younger son on September 2 on charges of corruption in awarding Global Agro Trade (Pvt) Co Ltd (Gatco) the contract for container management at the Dhaka Inland Container Depot (ICD) and the Chittagong Port ICD yards.
The complainant alleged that the selection meant a loss of over Tk 1,000 crore to the government exchequer.
An HC division bench is likely to hear the petitions Sunday.
Counsels for Khaleda argued that the government's bringing the case under EPR is illegal. They also alleged that due procedures have not been followed in the process.
According to the petition, the charges based on an incident that had taken place before the state of emergency was declared cannot be brought under the EPR. Besides, the ACC cannot give approval for filing such a case.
Khaleda prayed for a stay on the proceedings and a rule on the government. The ACC chairman, its secretary, complainant of the case, home secretary and chief metropolitan magistrate have been made respondents in the petition.
Arafat prayed the same in his petition.
Mahbub Uddin Khokon, one of Khaleda's lawyers, told The Daily Star yesterday that Rafiq-ul Huq, the counsel for Awami League President Sheikh Hasina, will move in the HC for Khaleda as well.
Tarique in his petition challenged the legality of filing and continuing the graft case filed against him. He too questioned the government's placing the charges under the emergency rules, said one of his lawyers.
The ACC on Wednesday sued Tarique, his wife Dr Zubaida Rahman and mother-in-law Iqbal Mand Banu for withholding wealth information.
Also senior joint secretary general of the BNP, Tarique was charged with accumulating wealth worth over Tk 4.82 crore through illegal means and keeping back information of properties worth over Tk 4.23 crore.
Zubaida and her mother were accused of aiding and abetting him in attempts to show that his was legal income, ACC Deputy Director Jahirul Huda said after filing the case with Kafrul Police Station.
Khokon said former law minister Moudud in his petition challenged the ACC's filing a graft case against him and also questioned the bringing of the case under EPR.
ACC Deputy Assistant Director Shariful Haque Siddiqui filed the case with the Gulshan Police Station on September 16.
According to the first information report (FIR), Moudud did not declare wealth worth Tk 4,40,37,375. He has assets to the tune of Tk 7,38,48,237 which is disproportionate to his sources of income.
Detained former communications minister Nazmul Huda came up with similar petition in response to the charges brought against him and his wife Sigma Huda.
ACC Assistant Director Talebur Rahman on July 11 filed the case for discrepancy between the Huda couple's actual wealth and the statements they had turned in.
He accused the two of holding back information of wealth worth over Tk 2.19 crore.