AL Chief Sheikh Hasina�s Moral Victory

Ajoy Roy

Sheikh Hasina wins again, but Govt. will not learn

Late night news: In a electronic broad cast The channel I said that High Court divisional bench of the SC today after hearing the writ petition pronounced its verdict granting bail in Nur Ali case of extortion of Tk 5 crores filed in Tejgaon police station on June 13, 2007. The learned judges in a similar verdict given by another HC division in the case of Tk 3 crore against the AL chief stopped proceedings of case under emergency rule of trial. But although Hasina is given bail in both cases of extortion of money, she would not be released as her bail order issued by the HC in the earlier case has been given stay order canceling the bail.

The case of Hasina is in the interesting state from the legal point of view. The identical verdicts given in two similar cases by two different benches must raise the eyebrows of the learned Supreme Court. Would the government again file an appeal for stay order of the second verdict in the Supreme court appellate division or take some lesson from the two verdicts that there must be something wrong in the legal proceed by hurriedly transferring the extortion cases from normal trial procedure to emergency trial procedure. Government�s intention is very clear once it succeed, it would have not to worry in bail problem; in this process the government expect to manipulate the trail in its favour and punish the AL chief so that she is disqualified for coming election. If its mission is fulfilled then number one enemy (AL and Hasina) of the present ruling class occupying state power is eliminated from the politics. The ruling class has rightly identified who is their thorn in the path of perpetuating power.

In another case, the same bench of HC issued stay order on the notice of the Anti Corruption Commission, which asked AL chief to submit her property statements within August 8, 2007, a date line set by the Commission. The secretary of the commission admitted that the notice now stands nullified in view of the HC verdict, however hinting that commission might seek a stay order from the appellate division of the Supreme Court. That would be a foolish step � it will only show that the commission wants to satisfy its ego at the defeat rather than getting information of statement of wealth from the AL chief. If their objective is to get the later then the commission can easily rectify its mistakes and issue a fresh notice to Sheikh Hasina. This path would be easier and less expensive, whereas the challenging the HC verdict would be cumbersome, expensive and wasting the valuable time of the SC on such a trifling matter. Mr. Chairman of the commission should remember that the huge expenditure would be ultimately borne by the poor public!

It is good to see that the AL chief has decided to submit the property statement within August 8, 2007, although that date has lost its original significance. It is a good gesture on her part. She on the one hand proved her point at the court, at the same time she is obliged to disclose her personal property to the public through anticorruption commission. This also disproves the allegation brought against her by the Chairman himself that by doing this and that, Hasina is delay-dallying the mains issue i.e. trying to avoid to submit the property statement. Mr. Chairman also denied that there is anything wrong in the procedure, and obviously being annoyed with Hasina going to HC, commented that the commission was not afraid of facing HC. �Our lawyers would do the needful.� I only pity those �all powerful and all knowing� generals now governing us occupying key posts.

It is obvious that Hasina is not going to be released soon, but latest decision in her favour would definitely boost up her moral and give her courage to face the present crisis. Let us see how does she face the more difficult days lying ahead. I am not her admirer as a politician, but the way our CTG dealing or rather misdealing make me a sympathizer at her present plight.

Prof. Ajoy K. Roy--a reputed scientist and human rights activist from Bangladesh--is the member of Mukto-Mona advisory board. He writes from Dhaka.