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SC rejects Hasina appeal against MiG case PDF Print E-mail
Wednesday, 19 March 2008

Staff Correspondent

The Appellate Division denied Sheikh Hasina leave to appeal Tuesday against an earlier High Court verdict that had scrapped a petition by the former prime minister for halting trial of a graft case involving the purchase of MiG-29 war planes during her term as prime minister.

The court simultaneously rejected Hasina's appeal to stay the HC verdict allowing the case to resume in the trial court. Hasina's lawyers moved to file a regular appeal with the Appellate Division against the HC verdict.

A full-bench of the Appellate Division chaired by chief justice Md Ruhul Amin handed down the rulings Tuesday morning, dismissing both the leave to appeal and the appeal regarding the High Court verdict.

The bench gave the rulings by pronouncing three words: "Petitions are dismissed." Immediately after the verdict was delivered, Hasina's counsel barrister Shafique Ahmed told bdnews24.com: "The Appellate Division has scrapped the leave to appeal filed against the HC verdict by Hasina and co-accused and also another appeal filed by the same accused for staying the HC verdict." "It means that the MiG-29 case proceedings should be on in the trial court."

As per a bilateral agreement executed between Bangladesh and Russia, eight MiG aircraft were purchased at the time at a reduced price, the lawyer said. "The then army and air force chiefs, defence secretary and others concerned had given their consent to the transparent military purchase."

"Moreover, the purchase process was initiated in 1994, which proves that the accused weren't involved in any irregularity or graft over the deal," barrister Shafique said, seeming optimistic about Hasina's victory in trial court. Hasina sought leave to appeal on Mar 9 against the High Court order.

The other accused in the case also sought to appeal against the HC verdict. The Appellate Division heard the leaves to appeal on March 13 and held the matter for deliberation. On Sept 6, 2007, the High Court had scrapped an earlier petition by Hasina seeking a halt to the case proceedings in the trial court.

Abdullah Al Zahid, an official with the now-defunct Bureau of Anticorruption, filed the case on Dec 11, 2001, accusing Hasina of corruption involving the purchase of the war planes during her term as prime minister. According to the case documents, the state treasury lost Tk 700 crore on the back of the 1999 deal.

The other accused in the case are former air force chief Jamaluddin Ahmed, former army chief Mostafizur Rahman, former defence secretary Syed Yousuf Hossain, former joint defence secretary Mohammad Hossain Serniabat, former air commodore Mirza Akhter Maruf and Unique Group managing director Noor Ali.

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