Khaleda entangled in legal web

BNP Chairperson Khaleda Zia is currently facing 37 cases and the police have submitted chargesheets in 17 of them. The trial in the Zia Orphanage Trust graft case has reached the final stage, with the BNP chief concluding her statement on December 5. The Dhaka special judge’s court-5 is hearing the concluding arguments in the orphanage trust graft case from December 19 and it is scheduled to be concluded today.  The verdict will be delivered sometime after that.

Many apprehend that the BNP chief may not be allowed to take part in the 11th general election, which is only a year away, as she is mired in a number of case involving corruption, murder, instigation of violence, sabotage, defamation, sedition, and distortion of the history of the Liberation War.

Among the 37 cases, police have submitted charges in a total of 17 cases. Of the cases, four were filed during the tenure of the Army-backed 1/11 government that ruled between 2006 and 2008. The cases were filed involving corruption in Barapukuria Coal Mine, GATCO, NIKO and Zia Orphanage Trust.

After a slow initial progress, the trials in these cases have picked up momentum in recent times.

If convicted, Khaleda could face life imprisonment for the charges brought against her under the Special Powers Act, while charges of sedition carry the capital punishment.

One of the prominent cases brought against her involves corruption in the Zia Orphanage Trust. This case was filed by the Anti-Corruption Commission (ACC) against her at Ramna Police Station on July 3, 2008.

The ACC charged Khaleda, her son Tarique Rahman, and four others for misappropriating from a foreign bank over Tk 2.10 crore grants meant for the orphanage. The trial proceeding in the case has reached the final stage and the court may deliver its verdict soon.

Another is the Zia Charitable Trust graft case filed by the ACC on August 8, 2011, at Tejgaon Police Station, accusing Khaleda and three others of abusing power to raise funds from unknown sources. This case is also currently under trial at the Dhaka special court in Bakshibazar.

Khaleda stands accused of embezzling Tk 6.19 crore from the charitable trust. At present, the court is hearing the defence arguments. According to the law, if Khaleda is convicted in both cases, she may face a maximum punishment of seven years’ imprisonment in each of these cases.

The former premier also faces charges of corruption for awarding contracts to international companies and causing loss to the national exchequer. Khaleda and 11 others face charges of allegedly causing a loss of Tk 1,000 crore to the national exchequer, as they awarded the contract of container handling at the Chittagong Port and the Dhaka’s Inland Container Depot to Global Agro Trade (Pvt) Company Ltd.

On September 2, 2007, the Anti-Corruption Commission (ACC) filed the case with Tejgaon Police Station under the Emergency Powers Rules (EPR).

The ACC also filed a case on February 26, 2008, against Khaleda and 15 others for causing a loss of Tk 159 crore to the state exchequer by awarding the contract to operate the Barapukuria coal mine to a Chinese company between June 2003 and June 2005. The deal was allegedly awarded to the highest bidder instead of the lowest one.

The case proceedings in the Barapukuria coal mine case had stalled after 2012. But it was revived on August 23 this year.

The BNP chief also faces graft charges for awarding a gas exploration and extraction deal to the Canadian company Niko. The charges were brought against her under the military-backed government.

Prime Minister Sheikh Hasina also faced similar charges for awarding a contract to Niko, but those were withdrawn in 2009 after she came to power.

The BNP chief also faces criminal charges in two cases filed over an arson attack in February 2015. She stands accused in a case with Gulshan Police Station under the Explosives Act and another with Khulna Police Station. Investigations are under way in these cases.

A sedition case was filed on January 25 last year, alleging that her remarks about the number of martyrs had defamed the Liberation War.

In 2016, Khaleda Zia got bail in connection with five cases over the killing a passenger in arson attacks on buss in Jatrabari and Gulshan.

Talking to The Independent, advocate Sanaullah Mia, one of the counsels for the BNP chief, said: “A total of 37 cases have been filed against the BNP chairperson till date. Among these, five were filed by the ACC and one for sedition. Besides, 14 cases were filed in Dhaka for hurling bombs, setting fire to bus at Jatrabari in the city and preventing law enforcement agencies from discharging their duties. Five cases—three in Comilla and two in Khulna—were filed for arson attack. A total of 12 defamation cases were also filed in Dhaka and elsewhere in the country.”

Of the 37 cases, four were filed during the army-backed CG rule while the remaining 33 cases were filed during the two consecutive tenures of Awami League since 2009, he said.  

“It is very clear that the cases were filed against Khaleda Zia only to keep her away from politics and preventing her from taking part in the election. It is quite unprecedented that a former prime minister faces such a huge number of cases,” added Sanaullah, also the law affairs secretary of BNP. He also alleged that the government has filed the “politically motivated” cases by using various state organs, including the Anti-Corruption Commission (ACC), to harass Khaleda politically.

ACC lawyer advocate Khurshid Alam Khan told The Independent that the ACC has filed five cases against Khaleda and others. “The trial proceedings of those cases had been stayed by the High Court and the Appellate Division of the Supreme Court several times, following repeated applications moved by the BNP chief and others. But the trial proceedings of these cases have resumed this year,” he said.

In response to a query, Khurshid Alam Khan said that among the five cases, Zia Orphanage Trust graft case has now reached the final stage, while the trial process is on in the other cases.

BNP vice-chairman Advocate Khandaker Mahbub Hossain termed the cases filed against Khaleda as the outcome of political vengeance.

Referring to the Barapukuria, Niko and Gatco corruption cases against Khaleda, the BNP leader said Prime Minister Sheikh Hasina had also been accused with these cases, but later the cases were withdrawn.

“Khaleda, being the prime minister at that time, had signed the contacts of the three projects initiated by the Awami League government. These cases filed against her reek of political motivation,” he said.

Khandaker Mahbub, a former president of the Supreme Court Bar Association (SCBA), said that there is no merit in the cases.

He expected that the situation would be resolved politically. “It will be very tough for the government to keep her (Khaleda) away from politics by handing out punishment in these cases,” he said.

It would be wise for the government to withdraw the politically motivated cases in the greater interest of the country, he added.

Khandaker Mahbub Hossain, who is also a criminal law expert, suggested that the government should take initiatives to suspend the trial proceedings till the general election to be held in the next year.

Awami League General Secretary Obaidul Quader in mid October ruled out any sort of conspiracy or political motive involving cases against Khaleda Zia.

He came up with the observation after a court had issued a warrant for arrest of Khaleda Zia for not appearing before the court in Zia Orphanage Trust Graft Case. Khaleda was in London then.

“We are not intervening in any case of Khaleda Zia and we (government) won’t also intervene in the cases of the BNP chief in future as law will go in its own course,” said Quader, also the road transport and bridges minister.

Khaleda, a three-time prime minister of Bangladesh, was arrested by the Army-backed government at the end of BNP’s 2001–2006 term. Sheikh Hasina was also arrested at that time.

After the Awami League formed the government by winning the December 2008 general election, the BNP-led Four-Party Alliance became the main opposition in Parliament.

The Awami League won the election again on January 5, 2014. The then BNP-led 18-Party Alliance had refused to participate in the poll, demanding the restoration of the caretaker government system.

Khaleda entangled in legal web

BNP Chairperson Khaleda Zia is currently facing 37 cases and the police have submitted chargesheets in 17 of them. The trial in the Zia Orphanage Trust graft case has reached the final stage, with the BNP chief concluding her statement on December 5. The Dhaka special judges court-5 is hearing the concluding arguments in the orphanage trust graft case from December 19 and it is scheduled to be concluded today. The verdict will be delivered sometime after that. Many apprehend that the BNP chief may not be allowed to take part in the 11th general election, which is only a year away, as she is mired in a number of case involving corruption, murder, instigation of violence, sabotage, defamation, sedition, and distortion of the history of the Liberation War. Among the 37 cases, police have submitted charges in a total of 17 cases. Of the cases, four were filed during the tenure of the Army-backed 1/11 government that ruled between 2006 and 2008. The cases were filed involving corruption in Barapukuria Coal Mine, GATCO, NIKO and Zia Orphanage Trust. After a slow initial progress, the trials in these cases have picked up momentum in recent times. If convicted, Khaleda could face life imprisonment for the charges brought against her under the Special Powers Act, while charges of sedition carry the capital punishment. One of the prominent cases brought against her involves corruption in the Zia Orphanage Trust. This case was filed by the Anti-Corruption Commission (ACC) against her at Ramna Police Station on July 3, 2008. The ACC charged Khaleda, her son Tarique Rahman, and four others for misappropriating from a foreign bank over Tk 2.10 crore grants meant for the orphanage. The trial proceeding in the case has reached the final stage and the court may deliver its verdict soon. Another is the Zia Charitable Trust graft case filed by the ACC on August 8, 2011, at Tejgaon Police Station, accusing Khaleda and three others of abusing power to raise funds from unknown sources. This case is also currently under trial at the Dhaka special court in Bakshibazar. Khaleda stands accused of embezzling Tk 6.19 crore from the charitable trust. At present, the court is hearing the defence arguments. According to the law, if Khaleda is convicted in both cases, she may face a maximum punishment of seven years imprisonment in each of these cases. The former premier also faces charges of corruption for awarding contracts to international companies and causing loss to the national exchequer. Khaleda and 11 others face charges of allegedly causing a loss of Tk 1,000 crore to the national exchequer, as they awarded the contract of container handling at the Chittagong Port and the Dhakas Inland Container Depot to Global Agro Trade (Pvt) Company Ltd. On September 2, 2007, the Anti-Corruption Commission (ACC) filed the case with Tejgaon Police Station under the Emergency Powers Rules (EPR). The ACC also filed a case on February 26, 2008, against Khaleda and 15 others for causing a loss of Tk 159 crore to the state exchequer by awarding the contract to operate the Barapukuria coal mine to a Chinese company between June 2003 and June 2005. The deal was allegedly awarded to the highest bidder instead of the lowest one. The case proceedings in the Barapukuria coal mine case had stalled after 2012. But it was revived on August 23 this year. The BNP chief also faces graft charges for awarding a gas exploration and extraction deal to the Canadian company Niko. The charges were brought against her under the military-backed government. Prime Minister Sheikh Hasina also faced similar charges for awarding a contract to Niko, but those were withdrawn in 2009 after she came to power. The BNP chief also faces criminal charges in two cases filed over an arson attack in February 2015. She stands accused in a case with Gulshan Police Station under the Explosives Act and another with Khulna Police Station. Investigations are under way in these cases. A sedition case was filed on January 25 last year, alleging that her remarks about the number of martyrs had defamed the Liberation War. In 2016, Khaleda Zia got bail in connection with five cases over the killing a passenger in arson attacks on buss in Jatrabari and Gulshan. Talking to The Independent, advocate Sanaullah Mia, one of the counsels for the BNP chief, said: A total of 37 cases have been filed against the BNP chairperson till date. Among these, five were filed by the ACC and one for sedition. Besides, 14 cases were filed in Dhaka for hurling bombs, setting fire to bus at Jatrabari in the city and preventing law enforcement agencies from discharging their duties. Five casesthree in Comilla and two in Khulnawere filed for arson attack. A total of 12 defamation cases were also filed in Dhaka and elsewhere in the country. Of the 37 cases, four were filed during the army-backed CG rule while the remaining 33 cases were filed during the two consecutive tenures of Awami League since 2009, he said. It is very clear that the cases were filed against Khaleda Zia only to keep her away from politics and preventing her from taking part in the election. It is quite unprecedented that a former prime minister faces such a huge number of cases, added Sanaullah, also the law affairs secretary of BNP. He also alleged that the government has filed the politically motivated cases by using various state organs, including the Anti-Corruption Commission (ACC), to harass Khaleda politically. ACC lawyer advocate Khurshid Alam Khan told The Independent that the ACC has filed five cases against Khaleda and others. The trial proceedings of those cases had been stayed by the High Court and the Appellate Division of the Supreme Court several times, following repeated applications moved by the BNP chief and others. But the trial proceedings of these cases have resumed this year, he said. In response to a query, Khurshid Alam Khan said that among the five cases, Zia Orphanage Trust graft case has now reached the final stage, while the trial process is on in the other cases. BNP vice-chairman Advocate Khandaker Mahbub Hossain termed the cases filed against Khaleda as the outcome of political vengeance. Referring to the Barapukuria, Niko and Gatco corruption cases against Khaleda, the BNP leader said Prime Minister Sheikh Hasina had also been accused with these cases, but later the cases were withdrawn. Khaleda, being the prime minister at that time, had signed the contacts of the three projects initiated by the Awami League government. These cases filed against her reek of political motivation, he said. Khandaker Mahbub, a former president of the Supreme Court Bar Association (SCBA), said that there is no merit in the cases. He expected that the situation would be resolved politically. It will be very tough for the government to keep her (Khaleda) away from politics by handing out punishment in these cases, he said. It would be wise for the government to withdraw the politically motivated cases in the greater interest of the country, he added. Khandaker Mahbub Hossain, who is also a criminal law expert, suggested that the government should take initiatives to suspend the trial proceedings till the general election to be held in the next year. Awami League General Secretary Obaidul Quader in mid October ruled out any sort of conspiracy or political motive involving cases against Khaleda Zia. He came up with the observation after a court had issued a warrant for arrest of Khaleda Zia for not appearing before the court in Zia Orphanage Trust Graft Case. Khaleda was in London then. We are not intervening in any case of Khaleda Zia and we (government) wont also intervene in the cases of the BNP chief in future as law will go in its own course, said Quader, also the road transport and bridges minister. Khaleda, a three-time prime minister of Bangladesh, was arrested by the Army-backed government at the end of BNPs 20012006 term. Sheikh Hasina was also arrested at that time. After the Awami League formed the government by winning the December 2008 general election, the BNP-led Four-Party Alliance became the main opposition in Parliament. The Awami League won the election again on January 5, 2014. The then BNP-led 18-Party Alliance had refused to participate in the poll, demanding the restoration of the caretaker government system.