Court courts new attention
Staff Correspondent
The country's court has been the centre of some important verdicts that had significant repercussion in the political arena in the last few months.A number of politically important new cases came up at the court during the last few months, but none was resolved but only "stayed". At the same time only a couple of cases related to former autocrat Ershad were revived after more than a decade. One of them was resolved by the High Court (HC), and is now pending with the Supreme Court (SC). While such developments at the court made the BNP-led four party alliance very happy but these left the Awami League (AL)-led grand alliance extremely disturbed. The Attorney General's Office (AGO), which is allegedly run by officials openly inclined towards the four-party alliance, has become a centre of controversy. On October 31, the press had reported that the Anti-Corruption Commission (ACC) would take actions against ministers and parliamentarians of the immediate past government in case of specific allegations of corruption. On November 1, immediate past law minister Moudud Ahmed moved in the Chamber Judge's Court of the Supreme Court against an August 24 HC order and obtained a stay on it. (The August 24 HC order vacated its March 5 stay on absorption of 33 ACC officials). This had effectively frozen the ACC's functions till January 21, covering almost the whole tenure of the caretaker government (CG). Then on November 30, the ACC moved against this stay order at the full bench of the SC, and the court vacated this order. But the ACC took no move against the ministers and parliamentarians concerned. Then at the end of November, the ACC moved against this stay order at the full bench of the SC, and it vacated the order. On November 20, Adnan Anwar, nephew of late president Ziaur Rahman filed a writ petition with the HC seeking issuance of a rule on President and Chief Adviser (CA) of the CG Iajuddin Ahmed to show cause under what authority he is holding the office of the CA. "President Iajuddin without exhausting the mandatory provisions of article 58 C (3) (4) and (5) of the constitution has assumed the functions of Chief Adviser violating the oath of office which he took to protect and defend the constitution," the writ petition said. On November 26, 11 leaders of the 14-party alliance, Jatiya Party (JP), Liberal Democratic Party (LDP), Zaker Party, a faction of Islami Oikya Jote (IOJ), and Islamic Front jointly filed three writ petitions with the HC against the president's assumption of the office of the CA, his way of exercising executive powers, and the Election Commission (EC) move to announce election schedule before finalising the voter list. The court scheduled hearing of these four petitions on November 27. But on that day, a commotion took place at the court between counsels of the rival sides over the date of hearing of the petitions. In this situation, the court fixed November 29 for the hearing. After the November 29 hearing, the HC fixed November 30 for passing its order. But on November 30, in an unprecedented move the chief justice stayed the proceedings of the writ petitions, just minutes before an HC bench was supposed to issue a ruling. When the HC sat on that day, Attorney General AJ Mohammad Ali handed the stay order to the HC bench at 2:15pm. The bench read out that Chief Justice Syed JR Mudassir Husain has stayed further proceedings of the writ petitions and left the courtroom. Shocked by the order, lawyers and those present in the courtroom burst into anger and vandalised different sections of the SC and set fire to the vehicle of former state minister for law Shahjahan Omar. Following this, a pro-BNP lawyer and the court authorities filed sedition cases against some pro-AL lawyers, and also Dr Kamal Hossain. But the sedition charges were dropped in the charge sheets of the cases. The legal developments concerning Ershad over the last few months were conflicting. Back in August and September last, Ershad was discharged in five decade-old graft cases. At that time, Ershad was all set to join the BNP led four-party alliance. But after the caretaker government took over, Ershad decided to join the 14-party alliance, and the legal developments suddenly started going against him. On December 14, the HC more or less upheld a lower court verdict convicting him in a graft case related to purchase of Japanese boats. The lower court found him guilty 11 years ago and awarded three years of imprisonment. Back then, Ershad had filed an appeal against it with the HC. The HC did not hear it in the last 11 years. But this time, the AGO moved the case for hearing of the appeal. Within three days, the HC dismissed the appeal, reducing the sentence to two years of imprisonment for Ershad. His lawyers were not given any chance to take part in the hearing of the appeal. On December 26, the SC rejected Ershad's petition for a stay on the December 14 HC verdict and asked him to surrender to the trial court. Within one day, the EC cancelled his nomination papers for contesting the election. On December 13, another graft case against Ershad related to questionable possession of Tk 1.99 crore plus other valuables came up after 14 years for hearing in the HC following a move by the AGO. The hearing of this case will take place on January 10. On December 19, the SC stayed a HC verdict asking the EC to collect and make public some vital information including income and wealth statements of the candidates for general elections. Pro-BNP lawyer Barrister Omar Sadat assisted Barrister Azmalul Hossain in moving for one Abu Safa who had filed an appeal in June last against the HC order. A one-member SC vacation bench stayed the HC verdict about 'disclosure', which will remain effective till disposal of the appeal. Once again Moudud Ahmed, also a BNP candidate from Noakhali-5 constituency, was present during the hearing at the one-member vacation bench. This move was taken just two days before the deadline of filing nomination papers with the EC.
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