SC upholds stay on proceedings
The Supreme Court (SC) yesterday upheld the High Court (HC) order that stayed the proceedings against BNP Chairperson and former premier Khaleda Zia in Barapukuria coalmine corruption case filed by the Anti-corruption Commission (ACC).
After hearing arguments from the counsels of both sides on the appeal filed by the ACC against the HC order, the five-member full bench of the Appellate Division, headed by Chief Justice MM Ruhul Amin, dismissed the appeal.
The apex court also asked both sides to take steps for disposing of the rule issued by the HC, asking the ACC and the government to explain why the proceedings against Khaleda Zia in this case should not be quashed.
During the hearing of the appeal yesterday, barrister Rafique-ul Huq, counsel for Khaleda Zia, told the court that his client or any other member of her family did not take any benefit from Barapukuria coal mine contract.
There was no corruption in this contract and the case was filed on the basis of misinformation and with malafide intention, he said.
ACC's counsel Advocate MA Aziz Khan said any petition for quashing the proceedings against the accused cannot proceed in the court under section 561(A) of the Criminal Procedure Code (CrPC) until the trial court framed charges in that case.
Giving some references of the Supreme Court judgments, barrister Rafique-ul Huq replied that the petitions for quashing the case could proceed at any stage of the case.
On October 16, upon a petition filed by Khaleda Zia, the HC stayed for three months the proceedings of the corruption case.
ACC recently filed an appeal with the Supreme Court for vacating the HC order.
The ACC filed the case on February 26 this year, accusing Khaleda Zia and 15 others of causing a loss of Tk 159 crore to the state exchequer by awarding a contract for operating Barapukuria coalmine to a Chinese company through abuse of power.
The ACC pressed charges against the accused on October 5.
The former premier is accused in four cases -- Gatco, Niko, Barapukuria coalmine and Zia Orphanage Trust corruption cases.
The HC granted her bail in all the four cases and stayed the proceedings against her in Gatco and Niko and Barapukuria coalmine cases.
Comments