Jumbangla Desk: The sword of lying and disappearance case is still hanging over the heads of two top leaders of BNP, Begum Khaleda Zia and Tarek Rahman. There are 37 cases against party chairperson Begum Khaleda Zia. Despite the release from prison on the orders of the President, not a single case has been withdrawn or ended. On the other hand, there are 80 cases against party acting chairman Tariq Rahman. All the false cases are as it was during the Awami League government. The expectation of the countrymen was that after the mass coup of August 5, leaders and activists including Begum Khaleda Zia and Tarek Rahman would be freed from all false cases. Within a month, the false and absentee cases of all party leaders and workers will be withdrawn. Even though the interim government has been in place for almost two and a half months, no initiative has been taken to withdraw even a single case against former Prime Minister Khaleda Zia and Acting Chairman Tariq Rahman. The sword of (about) 4 lakh cases against 60 lakh leaders and workers across the country has remained the same as during the regime of the fallen Awami League government. Leaders and workers of all levels of BNP and affiliated organizations of the country are very angry at this.
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Barrister AM Mahbub Uddin Khokon, president of Bangladesh Supreme Court Lawyers Association, said yesterday, 'The process of withdrawing the case has not yet started. We have held several meetings with the leaders of the Bar Association and senior lawyers. We have discussed the strategy of how to finish these false and invisible cases quickly. Each case was filed out of pre-political vendetta. All these are completely baseless and fabricated cases. No incident happened anywhere, but a case of sabotage has been filed. A case of corruption has been filed against the national leader Begum Khaleda Zia. But he has absolutely nothing to do with these. And numerous false cases have been filed against the acting chairman. But he is not in the country for more than a century. Very soon we (senior lawyers) will sit again and have a final discussion on this. Hopefully we can start the process of withdrawing the case very soon, God willing.'
BNP National Executive Committee Legal Affairs Secretary and Begum Khaleda Zia and Tarek Rahman's lawyer Barrister Kaiser Kamal said yesterday, 'The cases of BNP Chairperson Begum Khaleda Zia and Acting Chairman Tarek Rahman are still in the same state as they were during the despotic Awami League. Besides, 400,000 cases against (about) 6000,000 leaders and workers of BNP and affiliated organizations are still pending. There is no sign of withdrawal of these cases from the side of the interim government.
Barrister Kaiser Kamal said, "There is no obstacle for him to return to the country." However, he has utmost respect for the prevailing laws of the country and the constitution of the country. He wants the bail and withdrawal of all cases filed against him to be completed in accordance with due process of law (under CRPC). Moreover, he has made it clear that he does not want his own case to be withdrawn until the last case of the last worker of the party and affiliated organizations is withdrawn. But it is also true that not only party leaders and workers, millions of ordinary people of the country are waiting for the arrival of Tariq Rahman. Therefore, when the time is right, he will definitely return to the country.'
It is known that 37 cases against BNP Chairperson Begum Khaleda Zia and 80 cases against Acting Chairman Tariq Rahman are still pending. The cases are still not being disposed of due to procedural slowness. Tariq Rahman will not return to the country unless the legal process of the case is completed. For this reason, members of BNP's policy-making circles are continuously urging. The threat of agitation by parties and organizations also continues. But both Begum Khaleda Zia and Tariq Rahman asked the party leaders and workers to be patient and calm in this matter. However, these two top leaders of the party also want the interim government to withdraw the (almost) 4 lakh false and missing cases filed against the 60 lakh leaders and workers of BNP and other organizations throughout the country during the autocratic Awami League period.
In this regard, the party's national standing committee member and former minister Major. Hafizuddin Ahmad Birbikram said that the ministers-MPs of the fallen autocratic Awami League government got bailed and released within 48 hours after being accused in the recent murder case. In this context, referring to the bail and release of former Awami League government ministers MA Mannan and Saber Hossain Chowdhury, who were recently ousted in the mass coup, he said that it is the misfortune of the nation that the case of three-time former prime minister BNP chairperson Deshnetrei Begum Khaleda Zia is not withdrawn. False cases are hanging over the head of Acting Chairman Tariq Rahman, the leader of crores of people. More than half a million BNP leaders and activists across the country have to appear in court in lakhs of false cases filed against them. They cannot be accepted at all.
On the same issue, another member of the party's standing committee and former minister Amir Khosru Mahmud Chowdhury said that these cases should be withdrawn together as soon as possible. Because these people have suffered for 15/16 years in these false and invisible cases. After that, they are not supposed to suffer in these cases for even one more day. At this time, even a day seems too much trouble now. In the midst of so much fighting, in the midst of so much persecution, these false cases were given by the autocratic Awami League government. But unfortunately the cases are still ongoing. It can't be. This cannot be accepted. If they are delayed for even one day, they will be treated with great injustice. Because of their sacrifices and special contributions, the fascist Sheikh Hasina government has fallen today. And among them, the country leader Begum Khaleda Zia has sacrificed the most. He did not compromise with autocracy even at the risk of his life. He has repeatedly returned from the door of death. Imprisoned for six and a half years in a false case. He is still seriously ill. On the other hand, Acting Chairman Tariq Rahman has not been allowed to come to the country for more than a century. He has been forced to live in exile abroad with false and absentee cases. From there he worked day and night to strengthen and consolidate the team. He united the entire nation including all political parties. The people of Bangladesh have started to reap the fruits of the fall of Hasina's government. But the false cases filed against them have been upheld till now. Nothing could be more tragic than this.
As many cases against Begum Khaleda Zia and Tarek Rahman: There are about 80 false cases against BNP Acting Chairman Tarek Rahman. These cases were filed against him after the caretaker government of 2007 and later Awami League came to power. 21 August Grenade Attack Case Organized Life Imprisonment Planned 5 of the cases against Tariq Rahman have been sentenced after the trial. Some other cases are pending. The court gave these judgments showing him as a fugitive because he was staying in London.
Pro-BNP lawyers claim that Tariq Rahman has been politically involved in these false cases. 17 cases were registered against Tariq Rahman during the caretaker government in 2007. Later, during the government of Sheikh Hasina, about 80 cases including the August 21 grenade attack case, money laundering case and nationwide defamation case were given. Among them, he was sentenced to life imprisonment at the end of the case filed in connection with the grenade attack on August 21, 2004, during the Awami League's political rally on Bangabandhu Avenue in Dhaka.
In 2008, the Anti-Corruption Commission filed a Zia Orphanage Trust corruption case against him during the caretaker government. In this case, it was alleged that more than 2 crore 10 lakh rupees received from abroad for orphans was not used for the purpose of the trust. Rather, the money has been embezzled by keeping it as their own.
BNP Chairperson Khaleda Zia was sentenced to five years imprisonment by the judicial court in this case. At the same time Tariq Rahman and other five accused were sentenced to 10 years imprisonment. The High Court later increased Khaleda Zia's imprisonment to 10 years.
Begum Khaleda Zia was imprisoned for two years in this case. He was paroled in 2020. Khaleda Zia's sentence has been waived by the President's order after the fall of Sheikh Hasina's government. The case is currently pending in the Appellate Division.
Tariq Rahman was arrested on March 7, 2008 in this case. After being released on September 3, 2009, he went to London for treatment.
Imprisonment in known non-income case: In 2007, the ACC filed the case against Tariq Rahman, his wife Zobaida Rahman and Zobaida Rahman's mother Syeda Iqbal Banu during the caretaker government. On August 2, 2023, a court in Dhaka sentenced Tariq Rahman to 9 years and his wife Zobaida Rahman to 3 years in this case.
Money laundering case: On November 17, 2013, a Dhaka court acquitted Tariq Rahman in a money laundering case in Singapore. Tariq Rahman's friend and businessman Ghiyas Uddin Al Mamun was sentenced to seven years imprisonment in that case. ACC appealed to the High Court against the judgment of the trial court. In 2016, the High Court overturned the judicial court's acquittal and sentenced Tariq Rahman to seven years in prison. Besides, he was fined 20 crore rupees.
Punishment in defamation case: In 2014, an alleged freedom fighter named Shahjahan Biswas filed a defamation case in the Narail court accusing Tariq Rahman of insulting him for referring to Sheikh Mujibur Rahman as 'Rajakar' and 'Pakbandhu' in a rally in London. In that case, on February 4, 2021, the court of Narail sentenced Tarek Rahman to two years in prison.
On the other hand, at least 10 defamation cases are pending against Tariq Rahman in Dhaka court alone. Apart from that, numerous cases were filed across the country against Tariq Rahman on the same charge.
Sedition case: There is also a sedition case against Tariq Rahman. On January 8, 2015, in a sedition case filed at Tejgaon police station, Tariq Rahman and the then chairman of Ekushey Television, Abdus Salam, were accused of conspiring to spread false and misleading information and threaten the independence and sovereignty of Bangladesh. There is also an arrest warrant against him in this case.
There is another case against Tariq Rahman on charges of sedition in Noakhali as well. There is an arrest warrant against Tariq Rahman in that case as well.
Apart from this, there are also cases against Tariq Rahman under the Digital Security Act in various districts including Dhaka. On January 2, 2020, AB Siddiqui, the so-called 'Jananetri Parishad president', filed a case against him in the CMM court of Dhaka for threatening to kill former Prime Minister Sheikh Hasina.
How far is the government's initiative so far: The public security department of the Ministry of Home Affairs has formed two committees in the third week of September with the aim of withdrawing the 'harassment cases' caused by political reasons during the former Awami League government. One of these is the district level committee and the other is the ministry level committee. A notification has been issued in this regard. It has been said that the president of the district level committee should apply to the district magistrate by December 31 to withdraw the political 'harassment case'. After the district committee makes recommendations, they will be scrutinized and the cases to be withdrawn will be identified. After making the list, the ministry level committee will take up the process of withdrawing the case.
Regarding the scope of work of the district level committee, it has been said that along with the application for withdrawal of the case, the affidavit and the certified copy of the complaint in applicable cases must be submitted.
Within seven working days of receiving the application, the District Magistrate shall forward the application to the District Public Prosecutor (in particular the Metropolitan Public Prosecutor) for opinion. Then within 15 working days the Public Prosecutor (in particular the Metropolitan Public Prosecutor) will send his opinion to the District Magistrate. The District Magistrate after collecting the opinion of the Public Prosecutor will present the application in the meeting of the District Committee within seven working days.
After receiving the recommendations from the district committee, the committee at the ministry level will scrutinize them. Prepare the list by identifying withdrawable cases and take action to withdraw the cases.
As many cases pending against Khaleda Zia: Former Prime Minister and one of the main political parties BNP Chairperson Begum Khaleda Zia has been convicted in two cases and is currently on bail by executive order. Apart from these two cases where the judgment has been announced, there are currently 35 cases against him. He is now on bail in all the cases.
13 cases occurred in 2007 and 2008 during the state of emergency i.e. post 1/11 context. The rest were filed at various later times. The cases include five corruption cases, four defamation cases and one sedition case. The remaining cases are for murder, arson and sabotage. The current status of those cases is highlighted below:
Zia Orphanage Trust case: The Anti-Corruption Commission (ACC) filed a Zia Orphanage Trust corruption case on July 3, 2008 against Khaleda Zia for embezzling money in the name of the trust. BNP chairperson Begum Khaleda Zia was sentenced to five years imprisonment by the judicial court in February 2018 in this case. Later, when Khaleda Zia's lawyer appealed to the High Court against the verdict, the High Court increased her sentence and sentenced her to 10 years in prison.
Zia Charitable Trust case: The Anti-Corruption Commission (ACC) filed the case on August 8, 2011 at Tejgaon police station in the capital, alleging that Begum Zia illegally traded 3 crore 15 lakh 43 thousand in the name of Zia Charitable Trust when she was the prime minister. In this case, on October 29, 2018, the judge of Dhaka Special Judge Court-5 announced the verdict. Akhtaruzzaman. BNP leader Khaleda Zia was sentenced to seven years in prison and fined Tk 10 lakh in this verdict.
The remaining three accused were given the same sentence in the case. They are Begum Khaleda Zia's former political secretary Harich Chowdhury, then Dhaka City Corporation Mayor Sadek Hossain Khokar's private secretary Monirul Islam Khan and Harich Chowdhury's private secretary Ziaul Islam Munna.
NAICO Corruption Case: ACC filed this case in Tejgaon police station on December 9, 2007, alleging that the Canadian energy company NAICO had caused a loss of Tk 10,000 crores to the state by entering into a contract for gas exploration and extraction. On May 5, 2008, the ACC filed a charge sheet against Khaleda Zia and 11 people in this case.
Currently the case is under trial in Dhaka Special Judge Court-9. On March 19 of last year (2023), Judge Sheikh Hafizur Rahman of the concerned court started the official trial by forming the complaint in the case. After that, on May 23, the testimony in the case started. On the first day, the plaintiff in the case, the former assistant director of the ACC, Muhammad Mahbubul Alam testified. However, Begum Khaleda Zia's lawyers have appealed to the High Court challenging the validity of the complaint in this case. As the case is pending in the High Court, testimony is not being taken at this time.
Gatco corruption case: On September 2, 2007, Anti-Corruption Commission (ACC) Deputy Director Golam Shahriar Chowdhury filed this case against the then Prime Minister of the four-party coalition government Begum Khaleda Zia, her younger son Arafat Rahman Koko and 13 people at Tejgaon police station. Khaleda Zia and Coco were arrested the day after the case.
On May 13 of the following year, a charge sheet was filed in this case against 24 people including Khaleda Zia. It is said in the charge sheet of the case that the accused have caused a loss of 14 crore 56 lakh 37 thousand 616 rupees to the state by getting the work of container handling of Kamlapur ICD of Dhaka and Chittagong Port to the contracting company GATCO in collusion with each other. This case is currently in the stage of complaint formation hearing.
Barapukuria Coal Mine Corruption Case: This case was filed on February 26, 2008 at Shahbagh police station on allegations of irregularities in appointment of contractors for mining, management and maintenance of coal from Barapukuria coal mine in Dinajpur and loss and embezzlement of 158 crore 71 lakhs to the state. On October 5 that year, the ACC filed a charge sheet against 15 accused including Begum Khaleda Zia. At present, the case is at the stage of hearing the complaint in the Special Judge Court-2 of Dhaka.
11 cases in Darus Salam police station of the capital: 11 cases were filed against Khaleda Zia in the Darus Salam police station for vandalizing vehicles, obstructing the work of the police and vandalism in the areas adjacent to Gabtali Balur Mat and Mirpur Mazar Road in the capital from January to March 2015. Although the cases were taken up for trial in the special judge's court in Bakshibazar, Dhaka, its proceedings are currently suspended as a result of the High Court's order.
4 cases in Jatrabari police station of the capital: A total of four cases were filed against Khaleda Zia in Jatrabari police station in January 2015 in the case of arson, killing and injuries of four people with petrol bombs. These cases have also been suspended by the order of the High Court.
3 cases in Comilla: On January 25, 2015, a covered van was set on fire and several cars vandalized in the vicinity in Hyderpool area of Chauddagram on the Dhaka-Chittagong highway. Later, on January 25, 2015, a case of murder under the Special Powers Act, one under the Explosives Act and one under the Explosives Act was registered in Chauddagram Police Station. All three cases are pending for a charge-sheet hearing.
A case was filed against Begum Khaleda Zia and 55 BNP leaders and workers in connection with the burning of 8 passengers in a petrol bomb thrown by miscreants on a passenger night coach at Chouddagram in Comilla on February 3, 2015, during the continuous strike-blockade called by the 20-party coalition including BNP-Jamaat. Chauddagram police station SI Nuruzzaman filed the case as the plaintiff. In the case, 56 people were charged in the court.
Sedition case: On January 25, 2016, Supreme Court lawyer Momtaz Uddin Ahmed Mehdi filed a sedition case against Begum Khaleda Zia for creating controversy over the number of martyrs of the Great Liberation War of 1971. The proceedings of the case in the special judge's court in Bakshibazar, Dhaka, have also been suspended by the order of the High Court.
Three defamation cases: A defamation case was filed against Begum Khaleda Zia for making 'false' statements about the then Prime Minister Sheikh Hasina's son and IT advisor Sajeeb Wazed Joy while addressing a public meeting at Suhrawardy Udyan in the capital on Labor Day. Bangladesh Jannetri Parishad president AB Siddiqui filed the case in the Dhaka judicial court, which is currently awaiting the police report.
Apart from this, on May 3, 2016, Muradnagar Upazila Committee President Shariful Alam Chowdhury filed a defamation case against Begum Khaleda Zia on May 3, 2016 for saying that Wazed Joy had 300 million dollars in his account. In the case, Khaleda Zia's statement was mentioned as false. The case is pending report in the court of Comilla Senior Judicial Magistrate.
Meanwhile, on December 31, 2016, Begum Khaleda Zia gave a controversial speech at an event in the capital's Engineers Institution auditorium, and a defamation case was filed against her in the Metropolitan Magistrate's Court of Dhaka. The case is pending for a charge-sheet hearing.
Defamation case in Narail: A case was filed in Narail in December 2015. The case happened in Dhaka. On that day, Begum Khaleda Zia spoke at an event without mentioning the number of martyrs in the war of independence and Bangabandhu's name. Complaining against this statement, Raihan Faruqi Imam of Narail's Kaliar Chapail village filed a defamation case against Begum Khaleda Zia as plaintiff. On December 24, 2015, he filed this case in the District Judge Court of Narail. The police report has also been submitted in this case.
Sabotage case in Panchagarh: A case has been filed against Begum Khaleda Zia, BNP Secretary General Mirza Fakhrul Islam Alamgir, Joint Secretary General Ruhul Kabir Rizvi on charges of bomb attacks and sabotage in different places of the country including Boda Upazila of Panchagarh. On February 5, 2015, the case was filed by the general secretary of Boda Upazila Volunteer League, Salim Sohag. Gulshan bomb attack case: The leader of Road Transport Owners-Labour Union Union Ismail Hossain filed a case against 14 people in Gulshan police station, accusing Begum Khaleda Zia of being the main accused in the attack on Naval Minister Shajahan Khan's procession on February 16, 2015. The case is awaiting submission of the police report in Dhaka Magistrate Court.
Case for killing 42 people: A case was filed against several senior leaders of the party including Begum Khaleda Zia on February 2, 2015, alleging the killing of 42 people who died as a result of political violence during the movement of the 20-party alliance. Bangladesh Jannetri Parishad President AB Siddiqui filed the case in the Chief Metropolitan Magistrate Court of Dhaka. The case is currently pending police report.
Sarcasm about the martyrs in the liberation war, a case for questioning Bangabandhu's contribution: On December 21, 2015, a case was filed in the Chief Metropolitan Judge Court of Dhaka for giving misleading information about the contribution of Bangabandhu in the liberation war and the number of martyrs in a discussion meeting organized by the Bangladesh Nationalist Freedom Fighters Dal. The case is pending for charge hearing.
Two cases on charges of hurting religious sentiments and creating ethnic differences: On October 10, 2014, a statement by Begum Khaleda Zia was accused of hurting the religious feelings and creating ethnic differences among people of different classes and professions in Bangladesh. Later, a case was filed in the Dhaka Metropolitan Magistrate Court. It is awaiting trial on the charges.
Case for celebrating 'false' birthday: On August 30, 2016, Gazi Zahirul Islam, former Joint General Secretary of Dhaka Journalists Union, filed the case in the Dhaka Chief Metropolitan Magistrate's Court, alleging that Begum Khaleda Zia's birthday was celebrated on August 15. The court has taken into account the police report in the case. In this case, March 5 is scheduled for hearing.
Case on allegations of distortion of Bangladesh map, national flag and history of liberation war: A case was filed in Dhaka's Chief Metropolitan Magistrate Court in November 2016 on allegations of distortion of Bangladesh map, national flag and history of liberation war. The case is now at the stage of charge hearing and complaint formation hearing.
Insolvency case: Sonali Bank filed a case against Begum Khaleda Zia's elder son Tarek Rahman and younger son Arafat Rahman Koko. After the death of Arafat Rahman Koko, Khaleda Zia was made a party in that case. On October 2, 2013, Sonali Bank officer Nazrul Islam filed this case in the Financial Debt Court of Dhaka, alleging Tk 45 crore 59 lakh 37 thousand 295. On February 2, 2016, Acting Judge Fatema Ferdous of the First Finance Court of Dhaka filed a complaint against the case and ordered the trial to begin. The case is pending on the orders of the High Court.
Source: Bangladesh Daily