Tarique, wife are fugitives

Declaring BNP acting chairman Tarique Rahman and his wife Zubaida Rahman as "fugitives", the High Court yesterday rejected their writ petitions challenging the filing and initiation of a Tk 4.82 crore graft case.

The HC also withdrew the stay order on the case filed during the caretaker government in 2007 and directed the lower court concerned to complete the trial proceedings as early as possible.

The chief metropolitan magistrate of Dhaka has been asked to send the case record to the Senior Metropolitan Sessions Judge's Court in Dhaka within 10 days of receiving the order for holding its trial.

The bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo delivered the verdict after hearing arguments on whether Tarique and Zubaida, who have been living in London since 2008, are fugitives in the case.

The question was raised before the bench on June 5 when it was dealing with three separate writ petitions filed by the accused, challenging the filing and initiation of the case under the then Emergency Power Rules.

Details of the HC judgment could not be known as its full text has not been released yet.

Anti-Corruption Commission's lawyer Khurshid Alam Khan told The Daily Star that Tarique has been convicted in three cases and sentenced to seven years' imprisonment in a money laundering case, 10 years' imprisonment in the Zia Orphanage Trust corruption case and to life imprisonment in the August 21 grenade attack case.

The HC declared him a fugitive as he did not surrender before any court in connection with the cases, the lawyer said.

Warrant of convictions against him is pending and therefore, he is a fugitive in the eye of law in the Tk 4.82 crore graft case, he said.

The ACC counsel said the HC declared Zubaida a fugitive in line with an observation from the Appellate Division of the Supreme Court that in a judgement on April 13 termed her a fugitive in the eye of law.

No lawyer can appear for Tarique and Zubaida during trial of the corruption case against them until they surrender before the lower court concerned, Khurshid Alam claimed.

Zakir Hossain, a lawyer for Tarique and Zubaida, said they would be able to understand after going through the full text of HC verdict whether lawyers can appear for his clients during the trial proceedings.

On September 26, 2007, the anti-graft body filed the case with Kafrul Police Station against Tarique, his wife Zubaida and her mother Iqbal Mand Banu for amassing assets worth Tk 4.82 crore through illegal means and concealing information in their wealth statements.

After separate writ petitions were filed by the accused, the HC that year issued rules asking the state and the ACC to explain why the filing and initiation of the case under the then Emergency Power Rules should not be declared illegal. The court also stayed the trial proceedings of the case.

Attorney General AM Amin Uddin and Deputy Attorney General AKM Amin Uddin Manik represented the state, while lawyers AJ Mohammad Ali, Zainul Abedin, AM Mahbub Uddin Khokon and Kayser Kamal argued for Tarique and his wife during hearing the petitions.