High Court vacates stay order paving way for withdrawal of case

Extortion case against Hasina
The High Court (HC) yesterday vacated its earlier order staying the proceedings of the extortion case against Prime Minister Sheikh Hasina filed by businessman Azam J Chowdhury.
The HC bench of Justice ABM Khairul Haque and Justice Momtaj Uddin Ahmed passed the order following a petition moved by Barrister Rafique-ul Huq on behalf of Sheikh Hasina. The order removes a legal bar and paves the way for withdrawal of the case.
“Earlier the government made a decision to withdraw all cases which were filed during the caretaker government against political person for harassing them politically. Lower courts cannot withdraw a case having stay order on its proceedings from the higher court. For this reason, the step was necessary to process her petition to withdraw the case,” Barrister Rafique said.
On first January this year, Azam J Chowdhury filed an application with the home ministry with a prayer for withdrawing case against Hasina and others. The home ministry in a circular on January 1 said it would accept petitions for withdrawal of  cases filed to harass politically.
On May 10 last, Prime Minister Sheikh Hasina filed an application with the HC to vacate its earlier stay order in the case.
Businessman Azam J Chowdhury filed the case on June 13 in 2007 against Sheikh Hasina and her cousin Sheikh Selim and a former minister, on charge of taking bribe at Tk 3 crore from him.
On July 24 in 2007, the Metropolitan Sessions Judge’s court submitted the charge sheet against them. The name of Sheikh Rehana, Hasina’s younger sister, was also included in the charge sheet though her name was not mentioned in the case.
Upon a petition filed by Hasina, the HC in September 2008 granted her bail and stayed the proceedings of the case against her.
Barrister Sheikh Fazle Nur Taposh assisted Barrister Huq.
On December 14 last year, in a surprise move after long eighteen months, business-tycoon Azam J Chowdhury drove to the ministry of home affairs with a prayer for withdrawing his Tk 3-crore extortion case against Hasina that had landed the Awami League president in prison.
UNB adds: The process Azam had initiated to withdraw the case is not a legal process. According to the prosecution, at first the stay on the trial proceedings has to be vacated, and then formal prayer for withdrawing the case has to be moved before the trial court.
Meanwhile, the home ministry has already given the green signal for withdrawing the case following recommendations made by a legal committee who found the case having been filed with intent to “harass” the Prime Minister politically.
The case involves the charge of extortion over a power project during Sheikh Hasina’s previous tenure as Prime Minister. 
 
Courtesy of The Independent