Staff Reporter :
The Supreme Court (SC) on Tuesday upheld a High Court (HC) order that asked the concerned lower court to finish the trial proceedings of 24-year old radar purchase scam case filed against Jatiya Party Chairman H M Ershad by March 31.
Chamber Judge of the Appellate Division Justice Md Nizamul Huq did not pass any order on an appeal filed by former Air Chief Sultan Mahmud, also an accused in the case, challenging the HC order.
The Chamber Judge also sent the appeal petition to the regular bench of the apex court for hearing on January 2 next year.
Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan told the reporters that the HC order would remain in force until the passing of any order on the appeal of Sultan Mahmud by the SC.
Mahmud submitted the leave to appeal petition to the Appellate Division on Monday by his lawyer Syed Mahbubur Rahman, claiming that the HC passed the order without hearing his arguments.
After hearing a petition filed by ACC, the HC on November 24 directed the trial court to finish the trial proceedings by March 31.
Earlier, the lower court had recorded statements of 12 witnesses. It can record statements of the case’s remaining 26 prosecution witnesses if they are produced within this period, the HC Bench of Justice M Enayetur Rahim and Justice J B M Hassan said in the order.
The now-defunct Bureau of Anti-Corruption (BAC) filed the case against Ershad and three others with Cantonment PS on May 4, 1992. Abdus Sattar Sarkar, a former BAC official, pressed charges against them on October 27, 1994.
According to the case statement, Ershad in collusion with others had allegedly caused a loss of Tk 64.04 crore to the State Exchequer by purchasing radars from the USA instead of France for the Bangladesh Air Force (BAF) when he was in power.
On August 12, 1995, the trial court framed charges against Ershad and three others- former BAF chiefs Air Vice-Marshal (retd) Sultan Mahmud and Air Vice-Marshal (retd) Mamtaz Uddin Ahmed and Director of United Traders Ltd A K M Musa. Of them, Musa has been absconding since the case was filed.
Advocate Khurshid Alam Khan said that the special court earlier recorded statements of 12 out of 38 witnesses in the case, and started hearing arguments without recording testimony of the rest 26 witnesses.
A Special Court on November 8, rejected ACC’s appeal to record witnesses of the rest 26. Then ACC filed a revision petition with the High Court against special court order, praying to direct the lower court to record the statements of the rest of the witnesses in the case, the ACC lawyer added.
The Supreme Court (SC) on Tuesday upheld a High Court (HC) order that asked the concerned lower court to finish the trial proceedings of 24-year old radar purchase scam case filed against Jatiya Party Chairman H M Ershad by March 31.
Chamber Judge of the Appellate Division Justice Md Nizamul Huq did not pass any order on an appeal filed by former Air Chief Sultan Mahmud, also an accused in the case, challenging the HC order.
The Chamber Judge also sent the appeal petition to the regular bench of the apex court for hearing on January 2 next year.
Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan told the reporters that the HC order would remain in force until the passing of any order on the appeal of Sultan Mahmud by the SC.
Mahmud submitted the leave to appeal petition to the Appellate Division on Monday by his lawyer Syed Mahbubur Rahman, claiming that the HC passed the order without hearing his arguments.
After hearing a petition filed by ACC, the HC on November 24 directed the trial court to finish the trial proceedings by March 31.
Earlier, the lower court had recorded statements of 12 witnesses. It can record statements of the case’s remaining 26 prosecution witnesses if they are produced within this period, the HC Bench of Justice M Enayetur Rahim and Justice J B M Hassan said in the order.
The now-defunct Bureau of Anti-Corruption (BAC) filed the case against Ershad and three others with Cantonment PS on May 4, 1992. Abdus Sattar Sarkar, a former BAC official, pressed charges against them on October 27, 1994.
According to the case statement, Ershad in collusion with others had allegedly caused a loss of Tk 64.04 crore to the State Exchequer by purchasing radars from the USA instead of France for the Bangladesh Air Force (BAF) when he was in power.
On August 12, 1995, the trial court framed charges against Ershad and three others- former BAF chiefs Air Vice-Marshal (retd) Sultan Mahmud and Air Vice-Marshal (retd) Mamtaz Uddin Ahmed and Director of United Traders Ltd A K M Musa. Of them, Musa has been absconding since the case was filed.
Advocate Khurshid Alam Khan said that the special court earlier recorded statements of 12 out of 38 witnesses in the case, and started hearing arguments without recording testimony of the rest 26 witnesses.
A Special Court on November 8, rejected ACC’s appeal to record witnesses of the rest 26. Then ACC filed a revision petition with the High Court against special court order, praying to direct the lower court to record the statements of the rest of the witnesses in the case, the ACC lawyer added.
