A special Dhaka court yesterday asked both defence and prosecution in two corruption cases filed against BNP chief Khaleda Zia and several others to appear before it at scheduled time as the trials have been facing much delay.
On the previous date, December 17, Khaleda did not appear before the Third Special Judge’s Court of Abu Ahmed Jamadar citing security reasons; yesterday she came two hours behind schedule.
Trials of the cases involving Zia Orphanage Trust and Zia Charitable Trust have been delayed repeatedly due to absence of Khaleda during the proceedings and filing of time petitions by the defence, the prosecution says.
The court yesterday was supposed to record testimony of the first prosecution witness and plaintiff, Anti-Corruption Commission Deputy Director Harun-or-Rashid. April 11 was set for his deposition by the court on that day of indictment.
Three-time former prime minister Khaleda, her elder son Tarique Rahman and seven others were indicted in the cases on March 19 by the same court set up at Alia Madrasa ground in Bakshibazar area.
Earlier, the charge framing hearing was deferred 41 times in the orphanage trust case and 11 times in the other.
The court was set to begin proceedings at 10:30am yesterday. Lawyers of the prosecution, the defence and senior BNP leaders including its acting secretary general Mirza Fakhrul Islam Alamgir were present at that time.
However, the judge did not enter the court apparently due to Khaleda’s absence.
Judge Abu Ahmed came to the courtroom around 11:20am. At that time, the defence counsels sought more time saying that the key accused, Khaleda, was on her way. The court granted the plea and adjourned the proceedings until Khaleda reached the courtroom.
The defence mentioned police check-posts and barricades on the way to the court as reasons for the delay.
The new judge, who replaces Judge Basudev Roy, then introduced himself and sought cooperation of both prosecution and defence sides to uphold the dignity of the judiciary while trying the cases.
Judge Abu Ahmed said he had been deputed to the Law Ministry before being transferred to the special court. He was also deputed to the Parliament Secretariat in 1991 and served the then speaker for three years as law officer. He joined the judiciary in 1984.
Khaleda entered the court around 12:30pm, and without taking a seat she kept waiting for the judge to arrive. Three other accused Kazi Salimul Haque Kamal, Sharfuddin Ahmed and Monirul Islam Khan – now on bail – were also waiting for the judge.
Entering the courtroom after five minutes, Judge Abu Ahmed asked them to take seats.
He once again introduced himself. Seeking assistance of both sides, the judge said: “I believe in honesty and justice...as a freedom fighter, I never compromised with honesty.”
He then asked the defence for submission.
The defence counsels yesterday filed two adjournment petitions.
Khandaker Mahbub Hossain, also Khaleda’s adviser, in the first petition said the Supreme Court had rejected the leave-to-appeal of the BNP chief filed challenging the indictment order. He said the defence needed time as they would now submit a plea for reviewing the rejection order.
The other petition said some senior lawyers had been abroad while they also needed time to get acquainted with the new judge.
Khaleda’s counsels also said they would take part in the future hearing dates regularly.
On the other hand, prosecutor Musharraf Hossain Kajal in his submissions against the first petition argued that filing of the review petition with the apex court would not obstruct recording deposition of the plaintiff, who had been kept standby.
“An ACC official alone handles many cases. If the deposition is deferred frequently, it will create problem [for the plaintiff],” he said.
On the second petition, the prosecutor said: “Time may be granted for understanding the new judge and building up relations among all the lawyers working here. But the issues of review petition and absence of lawyers are not worthy of consideration.”
After hearing both sides, the judge accepted the pleas.
However, before adjourning the trials, he expressed concern about the delay in starting his first day’s proceedings.
“From now on, the court will be dealing the cases from 10:30am on every scheduled date,” he said while asking the prosecution and the defence counsels again to appear before the court on time.
Khaleda was silent throughout the proceedings; sometime she smiled. During the adjournment order, she was indifferent.
The court also asked defence lawyer Sanaullah Mia to produce accused Ziaul Islam Munna before the court on the next date. Otherwise, arrest warrant would be issued against him, Judge Abu Ahmed said.
Munna, who is on bail, has been staying abroad without taking permission of the court.
The ACC filed the Zia Orphanage Trust case in 2009 against Khaleda and five others alleging embezzlement of over Tk2.1 crore by forming the “fake” trust in 1991. The other case was filed in 2011 accusing Khaleda and three others of abusing power in setting up the trust in 2001-06.
The BNP has been expressing doubt as to whether the accused would get justice in the two cases, which it terms “false and politically-motivated.” The party also asked the government to withdraw the cases or face movement otherwise.
Members of the BNP and its associate bodies yesterday noon staged demonstrations in Bakshibazar area, as planned. A clash ensued at that time as the ruling party supporters blocked their procession leaving at least 40 people from both sides injured. It continued until the trial proceedings ended around 1:30pm.
To ensure security, the Dhaka Metropolitan Police deployed a total of 4,349 personnel and officers in and outside the court area when most of the shops and businesses were closed.
Armoured vehicles and water canons were also deployed around the court area. Roads towards the court were kept off limit for vehicles. Police only allowed some selected lawyers and journalists to enter the courtroom showing identity cards.
On December 18, Judge Basudev Roy was transferred apparently in the face of Khaleda’s repeated request to the High Court expressing “no confidence” to him. The government, however, said it was a “routine work.” Judge Abu Ahmed took office on December 22.
Following the indictment, Khaleda filed two writ petitions with the High Court – challenging legality of the appointment of Judge Basudev and the charge framing. The High Court rejected her petitions while the Appellate Division upheld the High Court orders. Khaleda then sought transfer of the cases to another judge’s court.
