Nizami told to go to trial court Nov 10
The High Court (HC) yesterday directed Jamaat-e-Islami Ameer and former minister Motiur Rahman Nizami to appear before the trial court by November 10 to face proceedings in Barapukuria coalmine case filed by the Anti-Corruption Commission (ACC).
The HC granted bail to detained former BNP ministers Khandaker Mosharraf Hossain and Altaf Hossain Choudhury, BNP leader Brig Gen (retd) Hannan Shah, and former BNP minister M Saifur Rahman's son Naser Rahman in separate cases.
Meanwhile, Chamber Judge of the Appellate Division Justice MA Matin yesterday upheld two HC orders that earlier granted bail to former law minister Moudud Ahmed in two cases filed by the National Board of Revenue (NBR).
The chamber judge also asked the government to file regular leave to appeals with the Supreme Court against the HC orders.
The HC will pass orders today on the quashment petitions filed by former BNP minister M Saifur Rahman and Jamaat Secretary General Ali Ahsan Mohammad Mojahid in the Barapukuria case.
CASE AGAINST NIZAMI, MOSHARRAF AND ALTAF
After hearing a bail prayer filed by Nizami, the HC bench of Justice Muzammel Hossain and Justice Afzal Hossain Ahmed yesterday fixed November 11 for hearing the petition.
The same HC bench stayed for two months proceedings against Khandaker Mosharraf and Altaf Hossain in the Barapukuria case and issued separate rules upon ACC and the government to explain within four weeks why the proceedings should not be quashed.
The counsel for Mosharraf and Altaf, barrister Rafique-ul Huq told newspersons there was no legal bar to his clients' release from jail since they were granted bail in all cases.
He said the case regarding the deal with Barapukuria coalmine would not survive since there was no criminal offence in this deal.
He went on to say that if his clients have to suffer for the dealing with Barapukuria coalmine, the advisers of this government would have to "suffer in jail" for their activities.
During the hearing of the quashment petitions yesterday, the counsel for Nizami and Mojahid, Barrister Abdur Razzaq told the court the HC had earlier granted bail to Nizami till submission of the charge sheet and directed Mojahid to appear before the trial court.
They have filed quashment petitions with the HC during the period of the effect of the HC orders and are still under the jurisdiction of the court, he said.
Razzaq argued that they were not fugitives and there was no bar to granting them bail in this case.
Deputy Attorney General (DAG) Mohammad Ali Akanda appearing for ACC opposed the bail prayers saying Saifur, Nizami and Mojahid were not on bail or in jail in this case, so their quashment prayers could not run at all.
CASE AGAINST HANNAN
Another HC bench of Justice Mohammad Anwarul Haque and Justice Farah Mahbub granted anticipatory bail for six months to BNP leader Hannan Shah in a case filed by the police on charge of violating the Emergency Power Rules (EPR), 2007.
Responding to a bail petition filed by Hannan, the bench also issued a rule upon the government to explain within four weeks why the petitioner should not be granted regular bail.
The police on November 2 filed a case with Matlab (North) Police Station in Chandpur against Hannan, Jalal Uddin, an aspirant election candidate of Chandpur-2 constituency, and 10 other local BNP leaders accusing them of violating the EPR.
Jalal on October 31 organised a programme to distribute a large number of sewing machines, rickshaws, wheelchairs and rickshaw-vans among the poor but it later turned into a public meeting.
BNP chairperson's adviser Hannan attended the programme as the chief guest and delivered a speech before hundreds of party leaders, workers, supporters and locals.
Hannan flew to Matlab on a chartered helicopter and landed at an Ahmadiyya madrasa ground. He then went to the meeting at Lodhuya High School field in a motorcade with leaders and workers of local BNP and its front organisations.
He yesterday appeared before the HC bench for bail.
Advocates AJ Mohammad Ali and Adilur Rahman Khan Shuvro moved the bail prayer.
The HC bench of Justice Syed Muhammad Dastagir Husain and Justice Farid Ahmed granted an ad-interim bail to former BNP lawmaker Naser Rahman in a forgery case filed in Sylhet.
Upon a bail petition filed by Naser, the court also issued a rule upon the government to explain within four weeks why the petitioner should not be granted regular bail.
Barrister Raihan Hossain appeared for the petitioner.
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