A special court trying high-society corruption suspects Sunday ordered the jail authorities to produce detained former PM Sheikh Hasina before it on March 30 without fail in connection with the barge-mounted power-plant-deal case, as she was not produced Sunday, reports UNB.

Judge M Firoz Alam of the special court set up at the high- security parliament bhaban passed the orders, after perusing the custody report along with a medical report on the present status of Hasina from the Square Hospital, as asked for.

The court read out both the medical and custody reports. According to medical report, presently the health condition of Hasina is "good" and she is "physically fit for appearing in the court".

But, in the custody report the jail authorities said, "It was not possible to bring Hasina as she is not willing to attend the court." Hasina was transferred from the makeshift sub-jail to the Square Hospital for treatment on March 11, without taking permission from the court.

This had prompted the court to ask for a proper explanation from the jail authorities, since the principal accused is under judicial custody as an under-trial prisoner and felt it necessary to know about her heath condition.

Accordingly, on March 17, the court had issued orders in this regard while re-fixing the date for defence discharge petition against the prosecution proposal for framing charges in the case. The defence counsel was critical of the medical report, terming it "false, fabricated and mala fide" while the custody report "concocted".

As the reports reached late, the court resumed Sunday two hours behind the normal time schedule. After the unveiling of the reports by the court, Special Public Prosecutor (PP) Syed Shameem Ahsan Habib submitted that it is unheard of and unprecedented as well that any under-trial prisoner defies appearing in dock to stand trial.

"Jail authorities are liable for this to produce an accused before the court for running the trial process," the PP said, adding that in failure to do so, action should be taken against the jail authorities. Supporting the PP, chief special PP Sharfuddin Khan Mukul told the court, "Let the accused be produced before the court with hospital attendants alongside her."

Crossing swords with the prosecution, the defence counsel dismissed the Square medical report as "false, fabricated, mala fide and suspicious".

"If Hasina is really physically fit to appear in court, why her close relations and lawyers are being barred from meeting her at the hospital?" they posed the question, apprehending deterioration of her health conditions.

About the jail authorities'' statement that Hasina is unwilling to appear in court, the counsel termed it concocted and aimed at tarnishing her image in public mind. They said that they have reasons to believe Hasina is not physically sound, rather she is "seriously ill".

Expressing grave concern about Hasina''s health, they told the court that if she is fit, she might have been backed to the sub-jail. "Why then she is still at hospital?" they argued.

"Until Hasina appears in the court and speaks herself about her health condition, we don''t believe those reports," they contended. Interrupting, the court said, "You are concerned about her health and the court is concerned about the impediment to the trial proceeding.

"Without her appearance, the charge hearing cannot be accomplished. The normal function of the court is being hampered due to deferment of dates for various reasons," the court admitted. "She might be discharged from the alleged offence by the court, after hearing both the prosecution and the defence lawyers," the court observed.

Reminding the defence counsel, the court said the case is set for trial and the trial commences from framing the charge. But the hearing was deferred 10/12 times, including thrice due to non-production of the accused.

Echoing the PP''s submissions Judge Alam said, "I also is never heard in my judicial long career such statement made by an under-trial prisoner that s/he is unwilling to appear at court for facing trial. It is the failure on part of the jail authority."

Before adjournment, the court further fixed March 31 for hearing on the defence discharge petition against the prosecution proposal for framing charge against Hasina and 7 others in the graft case.

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