NIKO CASE HC asks Khaleda to surrender in trial court

The High Court on Thursday asked former prime minister and BNP Chairperson Khaleda Zia to surrender in the trial court in two months to face the proceedings in the Niko graft case. A bench of Justice Md Nuruzzaman and Justice Zafar Ahmed also directed the trial court to consider her bail petition after she surrenders. The bench issued the directives after rejecting her writ petition challenging the legality of the proceedings against her in the case. The HC decision cleared the way to try her in the Niko case filed against her by the military backed caretaker government in 2007. The trial in the case by the Dhaka Special Judge’s Court-9 remained stayed since July 2008. The bench disposed of the writ petition with the observation that the first information report and the charge sheet showed prima facie evidence against her of misconduct and abetment of other accused in the Niko deal in abuse of her powers as the energy minister during her second tenure as the prime minister. The HC said that it was for the trial court to settle the case by examining evidence. Appearing for Khaleda, former attorney general AJ Mohammad Ali argued for quashing the proceedings against his client as the High Court had quashed the proceedings against Sheikh Hasina in another Niko deal case after she became prime minister. The bench said that the instance of quashing the proceedings against Sheikh Hasina would not be applicable as Hasina had sought the quashing while Khaleda filed the writ petition challenging the legality of the proceedings. Citing Appellate Division decisions, the bench said an aggrieved petitioner cannot challenge the legality of criminal proceedings through writ petition but can challenge the legality of the law under which the case was filed or seek quashing the charges. The HC said that it was for the trial court to settle the case by examining evidence. Khaleda’s lawyer Mahbub Uddin Khokon later told reporters that she will appeal in the Appellate Division against the decision of the High Court. Khokon said that the ACC even did not appeal against quashing the proceedings against Sheikh Hasina in another Niko deal case after she became prime minister. ACC lawyer Md Khurshid Alam Khan told reporters that ACC did not appeal against quashing the proceedings against Hasina possibly considering that there was not much merit for it. He said that he had advised the ACC to file appeal against quashing the proceedings against Hasina. The HC decision came when Khaleda is facing trials on the alleged charges of embezzling funds of Ziaur Rahman Charitable Trust and Ziaur Rahman Orphanage Trust. On December 9, 2007, the Anti Corruption Commission filed separate cases against Sheikh Hasina and Khaleda Zia, both then former prime ministers, for alleged corruption in signing separate contracts with Canadian oil company Niko Resources Ltd showing a productive gas-field as ‘marginal’ causing a loss of Tk 23,630.5 crore to the state. On March 11, 2010, the High Court quashed the proceedings only against Hasina in Niko the case having six other accused on several charge including causing a loss of Tk 13,630.50 crore to the state. Khaleda faces the Niko case with 10 others on several charges including causing a loss of Tk 10,000 crore to the state. On July 15, 2008, another High Court bench following a preliminary hearing of the same writ petition had stayed the proceedings in the Niko case against Khaleda and directed the ACC to explain the legality of the proceedings. It had also granted bail to Khaleda. The bench of Justice Nuruzzaman and Justice Zafar began hearing her writ petition on April 19 and completed on May 11 and left the decision pending. News Courtesy: www.newagebd.net