Hasina case under emergency rule unconstitutional: lawyers

Dhaka, Jan 30 (bdprem.com) – Six legal experts Wednesday told the High Court the constitution did not allow a case filed before declaration of a state of emergency to be disposed of under emergency rules. The experts made the observation during the full hearing on a writ petition involving an extortion case against former prime minister Sheikh Hasina file by businessman Azam Jahangir Chowdhury. The bench of Justice Shah Abu Nayeem Muminur Rahman and Justice Shahidul Islam heard the appeal that challenges legality of bringing the extortion case under the cover of emergency power rules. The court on Jan 28 appointed seven lawyers as amici curiae, or friends of court in legal jargon, for cooperation in hearing the petition. One of the experts, former attorney general Mahmudul Islam, felt embarrassed to advise the court. Senior advocate TH Khan said the constitution allowed cases filed for incidents to have taken place after the imposition of the emergency to be tried under emergency rules. Senior advocate Abdur Rob Chowdhury said the provision in the emergency rules featuring trial for pre-emergency offences under emergency rules were unconstitutional. Even the cases filed after the emergency was declared should be examined before bringing them under the emergency powers rules, he added. Senior lawyer Mansurul Haque Chowdhury said the emergency rules would be applicable to incidents taking place after the emergency was declared. It could not be applied for pre-emergency incidents by any means, he added. Barrister Rafiqul Islam Mia and senior counsels Mahbubey Alam and Mahbubur Rahman agreed with them during the hearing. On June 13, 2007 Chowdhury filed the case with Gulshan Police Station against Sheikh Hasina and Sheikh Fazlul Karim Selim for demanding Tk 3 crore from him in bribes for giving clearance to a power plant. The case was brought under emergency powers rules on July 16, shortly after Hasina was arrested. She was shown arrested in the case. The High Court on July 30 asked the government why the transfer of the case would not be declared illegal. The court rule came after Hasina had filed a writ petition challenging legality of the transfer. Charges were pressed against Hasina, younger sister Sheikh Rehana and Sheikh Selim on July 24, 2007. The metropolitan sessions judge indicted them on Jan 13. Hasina appealed to the High Court on Jan 27 to quash the case. The hearing will continue Thursday.