Udenrigsudvalget 2017-18
URU Alm.del Bilag 119
Offentligt
1854098_0001.png
CHAINED
A ciassic exampte of victimizing
political leaders in Bangladesh
—t.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0002.png
u’
•J
CHAINED
A ciassic example of victimizing
political leaders in Bangladesh
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0003.png
Foreword
Bangladesh’s politics has been experiencing a series ofevents motivated by political vendetta
with Awami League’s arrival to the state power in 2009.
One of the first vicious steps taken by Sheikh Hasina-led government against Begum Khaleda
Zia was the submitting of a charge sheet by a morally corrupt anti-corruption official on the
basis offabricated documents
5th
August 2009.
The court eventually accepted the charge sheet amid prevalence of contradictory information
in the documents. This case later became known as the Zia Orphanage Trust grafi case.
Sheikh Hasina herseif led many attacks and amongst other is forcefully evicting Begum
Khaleda Zia from her residence for 40 years. The residence was provided by a contract in
between the President of Bangladesh and Begum Khaleda Zia after the assassination of
President Ziaur Rahman as a gesture of the State for his great contribution to the
independence of Bangladesh and service as President of the Republic. However, under the
instruction of Sheikh Hasina the State authority illegally evicted Begum Khaleda Zia backed
in November 13, 2010.
Followed by these incidents, Begum Khaleda Zia and her party leaders are facing charges of
corruption. marauding and violence. Begum Khaleda Zia was later accused in another case by
the government, the Zia Charitable Trust graft case. Besides, she has been named in another
22 cases inciuding sedition charges.
Each of these cases against Begurn Khaleda Zia are examples of Awami League’s political
vendetta to elirninate Zia family from the politics of Bangladesh with a view to conquering
the power of Bangladesh forever.
This paper is being made to examine how the government can victimise a noted politician in
false charges.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0004.png
1. Background
The takeover of power by a military-backed government in January 2007 was a turning point
in Bangladesh’s politics. from 1990, after the restoration of democracy, no government led
by Begum Khaleda Zia and Sheikh Hasina, ever dared to arrest top political figures of the
country on baseless charges. Tt was the military-backed government of 2007-08, that
established the culture of defaming politicians by arresting them, harassing them with
fabricated charges, and sentencing them forcefully using the court.
Interestingly, Sheikh Hasina, who boasts herseif as a champion of democracy, weicomed the
takeover of military and termed it as the “outcome” of her movement against Begum Khaleda
Zia led BNP government.
Afier acquiring the state power, the military-backed government rounded up hundreds of
politicians, former bureaucrats, and businessman and initiated a series of investigations
against them. Some businessman, narnely Azam J. Chowdhury of East-Coast Group and
Mohd. Noor Ali of Unique Group, revealed that they bribed Sheikh Hasina, her son Sajeeb
Wazed Joy and her cousin Sheikh Selim to get the permission to set up power plants
Bangladesh.
According to Brigadier Ban (Chowdhury Faziul Ban), Noor Ali told investigators lie gave
Hasina 50 million taka (about USD 830,000) to gain her approval for a power project and one
million taka (about USD 75,000), plus real estate, to her son Joy and her detained cousin
Sheikh Selim from his commission on the MiG 29 purchase. These revelations let the then
army backed government to open fresh inquiry against Sheikh Hasina that led to her arrest.
On the contrary, there were no such allegations against Begum Khaleda Zia. The ambassador
of United States in 2007 was fotind commenting that
“(Begurn Khaleda) Zia Iterseif has
apparently tiot been directty linked to corruption”.
iii
In
one
of the much-talked leaks of US secret cables, one dated June 19, 2007 says, “The two
cases against Zia may be designed to suggest political balance for the possible arrest of
Hasina.”.1 This suggests that these cases against Ms Begum Khaleda Zia had no substantial
ground, rather, were filed only to create field to arrest Begum Khaleda Zia, for ensuning a
political balance after the arrest of corrupt Sheikh Hasina.
1
PRESSURE MOUNTS ON THE TWO LADIES, 2007
June
19,
https://wikieaks.org/pIusd/cabIes/O7DHAKA1OO9a .html
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0005.png
2. Awami League’s political vendetta
With Awami League acquiring the state power through negotiation and understanding
in
2009, the events of politically motivated vendetta saw a new tum. This has two major
aspects:
i)
The withdrawal of cases filed against Awami League leaders, including Sheikh
Hasina; and
ii)
Filing new cases, and submitting charge sheet against BNP leaders, inciuding
Begurn Khaleda Zia
Britain-based weekly, The Economist explained this approach in their December 7, 2017
blog, “When Sheikh Hasina came to power for tue second time, in 2009, she took
aggressive approach, going after her enemies and settting scores.
.“
.
i
more
2.1)
Withdrawal of Awami League leaders’ Cases
The
Awami League led 14-party alliance government in 2009 recommended for the
withdrawal of a total 7,249 criminal cases includ ing several sensational murder cases filed
during the military-backed caretaker government and
government.2
The
committee
decided to withdraw 12 pending cases against Prime Minister Sheikh Hasina,
and other charges lodged during the past interim government. These 12 cases included, the
Bangabandhu Memorial Trust Case and extortion case filed by Azam J. Chowdhury.3
Even though the committee was fomied in February 2009, to recommend withdrawal of
“politically motivated” cases filed between 2001 and 2008, the committee went out of its
way’
on August
22,
2013 and proposed dropping of at least two murder cases filed in 1988 and
1996 against Chhatra League (student wing ofAwami League) activists..
BNP-led four-party alliance
‘The battie between Bangladesh’s two begums is over, December 2017,
https://www.economistcom/news/asia/21732109-under-sheikh-hasina-country-growing-more-a uthoritarian
battle-between-bangladeshs
2
Withdrawal of political cases: Rule of law stripped away, March 10, 2014, www.thedailystar.net/withdrawal
of-political-cases-rule-of-Iaw-stripped-away-14759
Bangla
Govt
to Withdraw 12 Cases Against Hasina, June 11 2009,
https://www.outlookindia.com/newswire/story/bangla-govt-to-wjthdraw-12-càses-againsthasina/661;53
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0006.png
•
1
-,
The withdrawal recommendations were made at the committees 3lst meeting of the
Committee held at the horne ministry with the then State Minister for Law Qamrul Islam in
the chair on that day (August 22, 2013).
The national committee for recommending withdrawal of “politically motivated” cases on
August
22,
2013 proposed dropping 72 cases, inciuding around 10 murder cases against
Bangladesh Chhatra League and Awami League activists dating back as far as 198$.
The 72 recommended cases also inciuded cases against two ruling party lawmakers
Amanur Rahman Khan ofTangail and Maj Gen (retd) Subid Ali Bhuiyan ofComilla.
—
2.2)
Begum Khaleda Zia and BNP faces new cases
Begum Khaleda
Zia has been named in 24 cases so far after Awami League came to power.
So as Senior Vice Chairman of BNP Mr. Tarique Rahman is accused of more than 70 cases
during the Sheikh Hasina regirne despite Mr. Rahman is living in Londofi since 2008.
The Anti-Corruption Commission filed the Zia Orphanage Trust graft case on July 3, 2008, at
the Ramna police station. Initially, there was no mention of Begurn Khaleda Zia
ifl
the case.
But later her name was added oniy to intimidate her to retire from politics and balance the
political field after the arrest of Sheikh Hasifla.1
2
On 5th August 2009, Begum Zia’s name was mentioned in the charge sheet though the first
Inquiry Report submitted by Md. Nur Ahmed of Anti-Corruptiofi Commission on I lth June
2008, opined that Begurn Zia was in no way involved in this graft case.
Another graft case, Zia Charitable Trtist corruption case. was filed against her on 8th August
2011 by the Sheikh Hasina Ioyalist anti-graft body.
More to add, this government with Sheikh Hasina as its leader has filed fifty thousand
seventy-four cases (50,074) against 1,191,449 BNP leaders. 733 leaders and activists ofBNP
Khaleda Zia still under pressure to leave country, May 13, 2007,
https://www.thenewscom.pk/archive/print/55195-the-juugement
2
Sheikh Hasina jailed, Khaleda too under pressure, July 2007,
https://www.outlookindia.com/newswire/story/shejkh_hasjnajajledkhaledatoounder
pressure/488556/?next
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0007.png
were kilted across the country during the period. At least 52g cases were filed against 24,707
BNP leaders and activists while I 519 were arrested alone in the last one month.1
The secretary general of the party has been named in eighty-eight cases. The standing
committee members are facing three to fifty-two cases. Noted lawyer, human rights defender,
a fellow of Harvard University, Barrister Moudud Ahmed has fine cases against him only
because he has been serving as a national standing commiftee member ofBNP. He has been
evicted from his house as well by Sheikh Hasina government.
Among other standing committee members Dr Khandaker Mosharraf Hossain, former
professor of the University of Dhaka is facing trial in three cases, valiant freedom fighter
Tariqul Islam and Gayeshwar Chandra Roy is facing trial in 14 and 37 cases respectively.
This government has abducted Salah Uddin Ahmed, a former minister and BNP’s standing
cornmittee member ofBNP and smuggled him to India in 2014.
On the other band, amid submitting applications, the review committee that proposed the
withdrawal of 7,249 criminal cases against Awami League, did flot recommend withdrawal of
any case filed agaifist opposition leaders and activists including Begum Khaleda Zia.
Very recently, The Law Ministry has shifted 14 cases filed against BNP Chairperson Khaleda
Zia to the makeshift court at Bakshibazar in Old Dhaka to harass her. The ministry issued 14
gazette notifications in this regard on January 8, 2018.2
These are only the numbers to show a glimpse of the repression endured by Begum Khaleda
Zia and her party members.
Withdrawal of cases against BNP men demanded, 26ianuary, 2018,
www.observerbd.com/details.php?id=1;8778
2
r
cases against Khaleda Zia shifted to Bakshibazar special court, ]anuary 2018,
wwwdhakatribune.com/bangIadesh/court/2o12/o1/og/16caseskhaIedabakshjazr/
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0008.png
3. Understanding the Zia Orphanage Irust Case
Zia Orphanage Trust Case, a sensational case due to the name of the accused, has been in the
center of many controversies from the very beginning. The case was filed during the military
backed caretaker government of 2007-2008 with a view to creating pressure on Begum
Khaleda Zia to quit politics, and leave the cottntry.
The initial reports and the first investigator to investigate the case could flot find any link
between the case and Begum Khaleda Zia and did not mention her name in the list of
convicts in his report, though he included Begum Zia’s son Tarique Rahman’s name, which
proves that he was in no way biased to BNP.
But after his detailed investigation, a renewed effort was launched to implicate Begum Zia.
Before moving to the legal arguments, this chapter will deal with the basis of this case, the
proceedings, and will try to understand the events.
3.1)
Zia Orphanage Trust receives fund
Lieutenant Colonel ASM Mustafizur Rahman was appointed as the Foreign Minister of the
government on March 20, 1991, after Bangladesh Nationalist Party-BNP won the election of
february 1991.
After his appointment as the foreign minister, he went to visit Kuwait in June. During the
visit, Mr Mustafizur was received a warm welcome from Kuwait government. He was
fortunate to meet the Ris Highness the Amir of Kuwait, Jaber A1-Ahrnad Al-Sabah where Mr
Mustafizur Rahman informed His Highness the Amir of Kuwait that Begum Khaleda Zia, the
wife ofwar hero President Ziaur Rahrnan, was elected as the head ofnew government.
Amir Jaber Al-Ahmad Al-Sabah personally knew Ziaur Rahman and expressed his interest in
donating a hefty amount of money to set up an orphanage in Bangladesh in the name of
President Ziaur Rahman.
Ris Highness Amir Jaber Al-Ahmad Al-Sabah during the visit of Mr Mustafizur gave him a
cheque of USD One Million Two Hundred fifty five Thousand as a donation for Zia
Orphanage Trust, a trust Mr Mustafizur promised him to establish.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0009.png
This entire amount of money for the trust came from Kuwait as a private gift or donation to
Begum Khaleda Zia to from Zia orphanage trust.
3.2)
Zia Orphanage Trust formed
Since the money was provided to Zia Orphanage Trust by the Amir ofKuwait, the necessity
to establish a trust with that name was felt. In this regard, Mr Tarique Rahman, the elder son
of President Ziaur Rahman in consultation with foreign minister ASM Mustafizur Rahman,
took the initiative to establish Zia Orphanage Trust, along with his younger brother Arafat
Rahman and maternal cousin Mominur Rahman. They established the Zia Orphanage Trust in
September 1993.
3.3)
Disbursement of the donation
Mr ASM Mustafizur Rahrnan and the principal secretary of Prime Minister’s Office Dr
Kamal Siddiqui got the money disbursed to two trusts: one in favour of Mr Mustafizur to Zia
Mernoriat Orphanage Trust in Bagherhat, and another in favour of Mr Tarique Rahman to Zia
Orphanage Trust ofBogra.
After having received the money, Zia Orphanage Trust bought a piece of land from Mr
Sharfuddin in Bogra to build an orphanage in December 1993.
On the other hand. Mustafizur Rahman established the orphanage in Bagherhat by 1996.
3.4)
Awami League’s movement and difficult time for BNP
Bangladesh’s politics was facing a hard time with Awami League in opposition. But the
woise things started happening from 1994.
BNP and Mr Tarique Rahman who was then a leader of his party, was busy in running
campaign in January 1994 as there were city corporation elections in four city corporations
across the country on January 30. The election was largely fair and credible with two mayors
from both parties won the po11.
After that election, a new election was on the door, the by-election ofMagura, in March. The
high-voltage election got national coverage and the opposition parties alleged widespread
rigging. Nation-wide violence followed the election.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0010.png
Awami League deciared a series ofstrikes after the election in protest of the alleged rigging.
The party along with
two
major parties: Jatiya Party and Jamaat-e-Islami, enforced 196 days
ofstrike from April 1994 to february 1996 for an election-time caretaker government.
The strikes crippled the nation, and it was almost impossible to work freely.
Under this circumstance, Mr Tarique Rahman and other members of the Zia Orphanage Trust
could flot manage to establish the orphanage on time.
Later, in 1996, Awarni League took the state power and started hunting BNP leaders.
Interestingly, from 1996 to 2001, in these live years, the extremely hostile Awami League
leadership or the government ofAwami League never questioned about the trust. They never
raised any flag regarding the money. This indicates that, they could not see any sign of
misappropriation ofthis fund, and the fund has no relation to the national exchequer.
3.5)
Zia Orphanage Trust revived
In the course of time, Tarique Rahman became the Senior Joint Secretary General of BNP
and successfully campaigned in the 2001 national election for BNP that led the party to state
power.
After the election, due to his proven capability, he was awarded with greater responsibilities
of strengthening the party from the grass-root level. Amid busy schedule in managing the
party, Mr Tarique Rahrnan tried to revive the Zia Orphanage Trust in 2006.
According to a decision taken by the trustee board on March 2$ of 2006, the donation that
was staying idle in a Sonali Bank Ltd. account was shifted to Prime Bank Ltd. which was
offering better interest rate.
The trustee board took the decision in good faith on the rationale that the rnoney, if reserved
in the Prime Bank Ltd. instead of Sonali Bank Ltd., will grow larger soon and with that
money, a bigger orphanage will be established with better facilities.
Mr Tarique Rahman, in consultation with other members of the trustee, asked prominent
businessman Mr Kazi Salimul Haque, who was then the Chairman of Prime Bank Ltd. and
also a member of parliarnent of BNP from a constituency of Magura, to take care of the entire
process of transferring the donation that stood 3 3709757.32 BDT from Sonali Bank Ltd. to
Prime Bank Ltd.,
iii
good faith.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0011.png
Kazi Salimul Haque confirmed Mr Tarique Rahman that, the money was duly transferred in
different means from Sonali Bank Ltd. to Prime Bank Ltd. by the end of June 2006. Since it
was an election year and BNP was preparing for an election, Mr Tarique Rahman could flot
manage to oversee the entire process.
4. Identifying the “so-called” graft
The motive behind conducting inquiries and filling the Zia Orphanage Trust graft case, as
mentioned in chapter i of this paper, was to intimidate Begum Khaleda Zia and create
pressure on her to quit politics, leave Bangladesh as well.
Because Begum Khaleda Zia was not ready to leave her countrymen in the hand of some
cruel military men, and of course there was no evidence against her regarding corruption,
with a view to forcing her to accept their plan the government took a new plan.
4.1)
Enquiring mio the alleged corruption
2th
The Anti-Corruption Commission
April 2008 directed one of its Assistant Director
Md. Nur Ahammad to enquire into the allegation of abusing the power of Prirne Minister to
disburse a government fund to Zia Orphanage Trust and Zia Memorial Orphanage Trust and
misappropriating the fund for personal gain.
Md. Nur Ahammad upon her receiving of the ordet started enquiring into the altegation and
submitted a report naming five accused:
i)
ii)
iii)
iv)
v)
Mr Tarique Rahman
Mr Morninttr Rahman
Mr Kazi Salimul Haque
Mr Sayed Ahmed
Mr Giasuddin Ahmed
Md. Nut Ahammad, the first official to conduct the enquiry excluded the name of Begum
Khaleda Zia and Arafat Rahman as he found no substantial evidence against them.
He particularly cleared the name of Begum Khaleda Zia with a detailed comment that the
trust is a private trust, and amid asking for documents regarding the so-called orphanage fund
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0012.png
of the Prime Minister there was no positive response from Prime Minister’s Office which was
then held by the Chief Advisor Fakhruddin Ahmed who was leading an extremely hostile
government to BNP.
The graft official came up with some findings, such as:
a) None of the accused are public seiwants,
b) The trusts are private trusts,
c) Zia Memorial Orphanage Trust of Bagherhat is running accordingly,
d) Kazi Salimul Haque opened an FDR in his own name,
e) No signature ofBegum Khaleda Zia was found in any of the documents,
f) No one from the government, or the trustee board, or any stakeholder, complained to
the commission regarding the corruption, he found no informant.
Md. Nur Ahammad submitted this report on June 11, 2008
4.2)
Unsatisfied government Iaunch new enquiry with purpose
The military-backed government was unsatisfied with the enquiry report ofNur Ahammad as
he did flot manage to include the name of Begum Khaleda Zia. The anti-corruption
commission appointed a new officer, with less qualification and experience, a deputy
assistant director of the commission. Harun-ar-Rashid.
4.2.1 Who is Harun-ar-Rashid?
Harun-ar-Rashid, according to his testirnony, joined anti-corruption bureau in 1979 as an
ASSISTANT. Later he promoted to an Assistant Inspector of the bureau in 1986. In 1992 he
was promoted to an Inspector.
Later, he lost his job due to his incompetence from the commission dtiring the BNP-led
government of 200 1-2006. He filed a case against the government to retain his job but lost
the case in the judicial court.
He was reinstated in his job when the military-backed government took the state power,
without following any proper procedure.
4.2.2 The swift bird of ACC
Swift bird of Amazon Forest is the fastest bird in the world. Harun-ar-Rashid seems to be the
swifl bird of Anti-Corruption Commission who managed to find the involvement of three
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0013.png
time Prime Minister Begurn Khaleda Zia, former principal secretary of PMO and freedom
fighter Dr Karna! Uddin Siddiqui, and BNP’s Senior Vice-President Mr Tarique Rahman
with this graft case, by conducting an enquiry for only ten days from June 15 to June
25,
2008.
He even submitted the first investigation report of the graff case by July 3, 2008, naming
Begum Khaleda Zia, Tarique Rahman, Dr Kamal Uddin Siddiqui, BNP’s former lawmaker
Kazi Salirnul Haque and the person from whom the land ofBogra was bought, Mr Sharfuddin
Ahmed.
This means, in only 15 days, this Harun-ar-Rashid, a deputy assistant director of the anti-grafi
body, conducted an enquiry into an allegation, collected al! the docurnents of the case, drafted
the enquiry report, prepared the first investigation report (FIR) and eventually subrnitted the
FIR to the court and led the anti-corruption commission to file a case against Begum Khaleda
Zia. At the same time the Enquiry officer Harun-ar- Rashid was given the charge of
Investigate the case, which is unprecedented as he was Enquiry officer.
4.2.3 Faults in Harun-ar-Rashid’s Star
The second enquiry report of Harun-ar-Rashid which is the basis of the FIR and eventually
the charge sheet could flot manage to distinguish itseif much from the initial one by Nur
Ahammad. Rather it became evident that Harun-ar-Rashid only added a few sentence with
the one ofhis predecessors only to implicate Begum Khaleda Zia with the case.
For that, Harun-ar-Rashid made some cognizable mistakes.
a) Harun-ar-Rashid like his predecessor Nur Ahammad, did not identify the source of the
donation carefully and submitted the photocopy of a cheque of United Saudi
Commercial Bank and clairned that the donation came from Riyadh whereas the
donation was from Kuwait’s royal family and came from Kuwait,
b) Harun-ar-Rashid dtiring his deposition confessed that while enquiring he did flot find
the sigfiature ofBegum Khaleda Zia on any of the papers acquired by him regarding the
case, yet he narned Begurn Zia as the prime accused,
c) Harun-ar-Rashid confessed that he did flot submit any documents or CD or recording of
Begum Khaleda Zia or Tarique Rahman that can support his findings,
d) Without following the proper procedure, he copied almost the entire report of Nur
Ahammad, including a clearly identifiable correction.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0014.png
‘1JflZ!ZV
awu amns aqijo uoqoanoo I! PlOP!
O1
aAEq
sjiodaa aqi qoq ç and podai Æunbuo s1piqslnj-n?-unhI?jq puu ‘ç and 3JodaJ Æs!nbua s4pnwwuq M uaaaq uosundwo3
1341o5
1533 I
I
43153131,91±13333234532)45±
.19434
»0*55J ±113 1533111k 533113111 Ui1) 5511355115105523
55933»
0*4 33315337
4±310±5?
I
013101 »111, 33143 343±32 »31±139
3155»
0:439
31-153
a»4)±
3531153 klItt.% 91±3’
43
‘32 »1032 3555)1 33721 0153
1j33
113 3413) 1310 1±19309 »3223 1,9 1112
5553
43*215
9243
311349 23101
-432 »3l2 »9 ti
»le*
$j io »±*j
Ina
4tso
324113±355
349±93532 1-412 5214
1111’ 1
»1±319
334t 31312*5 3475±1559 29 I II»
11±9’-
445339
955115*1101341153310 0* »513332
3513
—
1133331130/1)31713,5310(2314) t°1114o3-1» 4.3)53331340/4/55553*335)341)550132423111449
III)
t14312i 550/9/5ç
5534
*3203
2354
550/3/1551)9 1,0133444-15, 5155) 34,329443 55,
1-343)9
qo/9/ol
!r’43o 31421 33112 9
»9113 92213 21))
232131s22o 33131310552355. 341,2.9 533313 55’U-ikl
4353)
0) »1345±
> »23ik1113J
a34
“09’ 3-13
»!»3 t1OkMk
1331(2±
9313411±
3311155)
;-ç2
93
[9
*3
saij
55*3 913
i
»soa
oa
sti »oa,
34
oatzoa »355)1)31.21±13
137113
siS
»11143
1±13311
11141532±
334
3’-»
soj 330323315532 5
»321) 13233 90:63
‘1141±334)
‘43
33
1132
»is+455 920* [2515323421 55221311115) 353101 13337 1325510 311±133123.15± 1*14533 3411355*J
»9013 013133 »i.» 1±23233 *3 555± 43 593*337.
117± 1±4* 1331 4±14 24 *1312
4)33
»3’
»334310*
a oa
oa
19415±31155)321193 »oartlS »133325±337314105±10141153229401131370111133443
I
i4fi i>*
VØo
1aLtaj’
Ç4 P,kjo ttt
R»J
&9
4
!I
7Q2ki1o
i
a
i2 1k.ftg
i >L.
1DIO
o4 t4It
io2a
!t>
jjr êLl) ILiJjMt k20
»2Jitj
JJi±2:
‘tz
1jlaZ»
LQ ULÇJ
2:tfl ‘553 WrJt ±la3 C45la f»22:2:
-2:2k
»4
aa. oa ja ojjtioi lall2a
J•4 Çlajtk&q) la55
I
s’pn±k
Oi1ksi., Nla1± »351»
42: 2:1a 559j3k1k-tR kflej k2I
i»-”,tkJt
30» j-j »is± sso.
1153
41-)oo&ooaoc
5523
533
153334k 4334± 553302 90/55/4 oa
o/p/c.
°‘k3
»324 552:33k
ij2j bStt
55210
Sa
k3ouIaS2: 1-55» 5± 0221)2:
551,155
5553± 2:335’ 53*2:
.3-1310
23- 5534 ilat
tik 3) oLa O.2±» 35?
55I
0023301
102:tP23 13133
332& 55114
134
->34
L1!Z 34’34301302 343 55±455 10k’j 1355 -134 351$
i
34,2102 91-1 33t1- 11-se E* aaa
l*43fl
>i>
lltEjbti
I-
11’b31
i tS
2:55532:303
355$
55SOsss’
225355/3
i
03(55
5535510355) »leO 4)250 0:021
(533
01k
Ulla 101,1±
14039
OtjDIflI2I32k
11±33
*2101 323 oxs
O
±j
»jcj 433155 3L552:J 12155 55555
»(1155 p22.
1*4 kl
102
±311
5553
Ot-sttMt
113423 (405± »255 090355
jo» »55w t>n »S 3255410135334±0: 111103 31o132543 *44Z53 33,4 1-3342:
—
1’-3’
‘5±» (9±553
wt53 aea11
n»Ja O55w
-01030*234*
o50/o
0211k).
aa. 00*1*
w*io..
550 ‘096/0
I
(43
tot.
kZJz
044*
qo/%/
‘4 3*1(0
00’j
94101*1(314* 3401fl
44$.,
00
*0504Ç
0195 klat
I
an 555± no
»
‘n*a
9% *1*40.0 6
11w
0350302 °‘1550 3±2:40wkj
••*» 3±24
Ola 011*53040.3»
i
110* 1c55
0355 »4*6
00119*10355555.
114. h6*4*kolat
»4553 0*1*0204*01(3 —
09±
*4.00
4(3±
30 1*»
‘54*’
I’ ‘100010*1*0
55341414.0 ‘*223*
55*5±2 »0
1.553/»
31* ±**
&kk_5543314*,
»
kJluao
044. 10.1034.
I
ros
oh
‘00
o
0010* *
01210
*hoo
0*431 141as*
t3h 101 4*39* oo,%/*
5553fl5551
‘ ja 0*03,49
94»’»»
41100211* 04*
‘0±0002119’
(3fl*.sOteJ
*00:015011±03.1±0021*4(0
hflkat 1.3±1.
±04*
±ONOIII. IMflj. os
40
-
0103W
»*0*349*
123/t ‘(0233*2000.3
400*4,,
*0
401,4*
9o/±/jç
‘313
ti. 00
*394055±1362*040434
itt.» 10±ja OS
011al
00013»
0 10300 Otto ja
1.0)1*3.411014 1102.
1*60
*24
03501.006300014,4,6 *0
‘11133*30003(445,00-3.
0±/s/o
»
0*559004041303*1001
9* at
023 joh 01011» 4*
kat
±034621±15520045055%
30*403110% 0(03
skala
*&
IOJI
Ilk*isj.
001400*04
Oa
»(0311
oo35.
02030,5510*4.
g
i
»to
t1k’at04
15513±55014*4±01 hItjo
34*1’ ‘004*1±
51a
,y
3453 ok4so* *4
»oh»»
k2laohlo
9*410202±4111.6*
±79041030» 01*340»» i
1±Z443’$1±
0410003.11*04*3
kat *655.
0096±1±0110±
.3ij»
»»i
±3%
‘2364.55551 (340110*2455
1±0*044 »00*400k ±o10tO,p
9±6155*5.1±44 atoka0a
10±3 at 004101*
04* kit
004022.02.1.0
*41*5*104±3.» 0*1±
12
‘
>
sen’
553315 boj,302*4
3l»0*
329131
4
5320*
9o15155
111±
3*3’
-)i-3t3610
»j$ 341143
5523k Oa 2»»
I 0:11» 2315 50:333 55
533
»21± 15113t t021o2101
ij_j
011±31355151343242
43291342:10)
55343341
»3
333’ 2:
02»4
ats r
3,t ‘1211±
»i531±t2 oL kl»,)
55fl
111±0±
1±491
s’4*s’
5532$ 555543.
3,
»5530*
»1301
133
551±1,101) 1±5143
553153413550*31030*115555*3
13331O
‘oo/o/.q5
134)1 »333
»34(533
234
»,a
o55a.ta
°‘
.ivsja I
»32 fltl
L
9&»3
°
L1kktI.lk
3014155530340
»
kt134
i-j3
lalak
(5±37
((ti)
3355+
»10155J»0
11)11±155315(2(4*20014
943 1*5*
413 4$
-> j
i
34-3 1410 1559 130 13111
44
*19
020.9 115521% I l
»4±1
»393
45M ‘1416* 1,»
.*
tt;->
I
I
I1
1330202119% h*3l3
1.1*55102*01*10*110*4 01
04.1
1104*31±» Okt10» (*1314*431
*4 tidlIgt
55000055103±0*1±3402021.4*
33
ooaw oa ±00*
‘0,0*01
/J4
*26205500*0. *40
0*3*
0710. k020213
004
i
55
55
Ooj
31<53
,,*33393
/4140
h3J±
110±031*02
at olu* 131.010
*0241.501±0411.» at
4*114020±4*1
Ik*qp
014*10»
I 01»»
‘55±10*5555*4*40
029* i
1±1*
»I»
to.»
*4*4022*
1*55010021.01*4*4550*000
h1%i46
103111*443.4
*1*04*01*10112* 0011 002hk)o*o,±
‘03±433.71
14*1 h*0 04402011
w0.04010
01*J
01 11* 10*41 lIllI.
*03±
42*002(013500* ±‘4302’-3g
I1*1*
404*134
L6*
0*4
q1)ako.o» 11%
‘*101045501
*±3’/000’oo00p
±-)woo
0*4 i
3’ »
$0 00±
*»
19/292(55/0,4
±02±0404*41135*0203020000
*0313* b.3 4
o 3*0
31304
9*
I fl 1») *01 at to
g4
003.»
0on.
0% 4*1*412551015
0 040011±,»
04110*44* 5013*401
0300
*4334±3» —
331*1550±0*
313006131440
i
001*1»
10300*010
543029»
0551301
aj
4041*0
flot
ot±o an»
‘*10*00*0*4 1004*n*
*41200210103* 11(4
03±5500344*3*030*
00% *14*1±1*04031*5500010*04.
13.. ±03*1’
i
0,3.0k 02*
10*»»
553%: ±1
**
4.
033*o3»’n 114±1k tik 0*09
*455±1 02*
013415531%n»±*55
±303101*
*4
tut
i
40•l4l2119
--
1133411 *313 (3
‘
-
0234o
(-3±3
1119
as
9455J119 oz-;
.o&1±juc 1)21»
1155(11 90 31552*3.
33*3
-»‘13 1±552: s4$ (*1411*110
55*
1(31 55134111•1317 55553
»L*414kt 0;;1.1o_Dot
31,055140402
0*03:
61±02330200
pjat
01(0300101±43*402*10551±141131*1111±04
*143oo,t,
*640*024)55
0255*43102±6101*01*104114
00JO
04*95*6502,
0101 0013 1731*455,5504.
55*0334349%
14p,j
013*
*011*1030114131941*5501*04035510
12*31*
tOkio
9°/°/-±1 2613 002*0111)
i44
01*0232.4.555551*0± ‘»0
i
±$431tja
»35502 )112g *100132,
3*10 09i3*on»
0410(0*114622 01 ±024&
04*9*64123200.013..))
41*1550300*1*000*55» i
2204232345±
5040211 *13 *4
01±420*10 4)5007*21
*3±01073*55(060.5131.30014*0021
3*3
913± 1*0 23.2 »%0241a4. 11%
*0*404
021±0*2» 9553555455»»
Ifl» I 010409*
*32*10004 ‘l*lki*o.o3701
‘Sfl* 055*1, ±13*1±200
ilt
33
04
025533100*555111±453)
0»
±111
»
*73±
3
i
1341»
»2*31)
»
-
»at
O33 ‘
»,
0*21115±*
4471*3
a214t0
1±504±339
en-
Rj34
a
: :zr’
»335.2
sa»o-»
°“r-i (4-291. 9334*242*01»
0±3
-51214
•I
*3
at »al
*.;±;
.oo
»»
»03
13 31±
64.
lIS 012» 0224
.
31k
&
10211*010*1*
9*2*1Og
*1 955
‘11019*
»44324*39*3:
10*00*001003.00*2.0.42001005))
»0*»
*4*55o32»,,»
*4*41
*4244 ,(
0±135.0% 0(026*1*612/01134255
121.411114±1410300.»
0*
±01334)3422.44014*
i
6*3*0
*5500o.
‘00194*033
kh3*t33
at *0*1 110400*43391*
*l,,,aoa
055()1*Ooa 3»»
&±at 91003003.
0*.*
023
45s
—
*2 ±330±0
3
31
*4
/2
14±3
——---.—
-
-
/
i-i
I
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0015.png
4.3)
Filing of the charge sheet
With the arrival of Awami League government in
the state power
in
2009,
this corruption
case seems to have gained special status.
Within eight months of Awami League’s arrival to the power, the charge sheet of the case
was prepared, submitted and got accepted by the judicial court.
While on the other hand, one by one, the twelve cases against Sheikh Hasina was dropped by
the court and the review committee for politically motivated cases formed by Sheikh Hasina
government in 2009.
The charge sheet was based on some key arguments:
i)
The donation came from Riyadh, of the Kingdom of Saudi Arabia through United
Saudi Commercial Bank,
ii)
The account with the name, Prime Minister’s Orphanage Fund was opened by Dr
Kamal Uddin Siddiqui on June 02 of 1991, according to the direction of Begum
Khaleda Zia who was then the Prirne Minister,
iii)
Begum Khaleda Zia did flot give the monev to any other orphanage, but to an
orphanage trust run by her son,
iv)
Within thirteen years of the disbtirsement of the fund, Zia Orphanage Trust did flot
set up any orphanage,
v)
Tarique Rahman as the settler of the trustee allowed transferring the fund from
Sonali Bank Ltd. to Prime Bank Ltd.
vi)
Kazi Salimul Haque, amid Tarique Rahman’s direction to open FDR in the name
ofZia Orphanage Trust, allegedly opened a personal FDR
The court eventually accepted the charge sheet and indicted ali the accused.
The trial started from March 19, 2014 ina special makeshifi court in the capital.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0016.png
ZIA ORPHANAGETRUST CASETIMELINE
June
11.2008
June 25, 2008
August 05, 2009
February 08, 201$
FIAST ENQUIRY
REPORT SUBMJUED
Begum Khaleda Zia
excluded from the
list of accused in the
report by Mr. Nur
NEW ENQUIRY REPORT
IN 10 DAYS
Investigator Harun
implicated Begum Zia
in the case
CHARGE-SHEET
SUBMITTED
Harun-ar-Rashid
submits the
charge-sheet with
Begum Khaleda Zia
as the prirne
accused
DATE OF THE
VEROICT
Court to
deliver the verdict
aga inst Begum
Zia and Tarique
R ah man
June 15, 2008
July 03, 2008
March 19, 2014
NEW INVESTIGATOR
APPOI NTED
Harun-ar-Rash id
who ost his job during
BNP regime for
incompetency
appointed to
re-investigate
FIR SUBMIUED
NAMINO BEGUM hA
Harun-ar-Rashid
submits the
Fi rst Investigation
Report with
Beg urn Khaleda Zia
as the prime
accused
TRIAl BEGINS
AGAINST BEGUM ZIA
After a rigged election
in January 2014,
AL started
to try Begum Zia
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0017.png
5. Points to be noted
The Zia Orphanage Trust Graft case is a case that has no strong basis on which it can stand
on. Considering the arguments made by the investigation officer Harun-ar-Rashid, this paper
can provide the counter-arguments that will prove why the case is a farcical one.
5.1)
The donation came from Kuwait
The donation, which is the only source of money in this case, came from Kuwait. But the
prosecution submitted a photocopy of a Demand Draft issued from the now defunct United
Saudi Commercial Bank, Riyadh, Saudi Arabia. And, the prosecution did not prove who
issued this Demand Draft.
According to the letter issued by the Embassy of Kuwait in Bangladesh, the donation of one
million two hundred and fifty-five USD was donated to the Zia Orphanage Trust flot to any
individual or for any other purpose.
The letter issued on
11th
August 2015 by the Embassy of the State ofKuwait in response to a
letter of Mr AJ Mohammad Ali, who is one of the counsel of Begum Khaleda Zia read:
Dear Mr Ali,
This is to convey to you the clarification issued by the Government of the
State of Kuwait on the donation to Zia Orphanage Trust by Ris Highness The
Arnir of the State ofKuwait.
As the clarification, the donation was given to Zia Orphanage Trust and not
for any individual or any other purpose.
The Embassy would further like to request ali concemed not to use this
clarification for any political purpose.
5.2)
Prime Minister’s Otfice has nothing to do with it
Begum Khaieda Zia, Dr Khamal Uddin Siddiqui, or any other official or the Prime Minister’s
Office itself has nothing to do with the case as the donation, as mentioned clearly on the letter
issued by the State of Kuwait was given to Zia Orphanage Trust which is a private trust, not
to the so-called’ Prime Minister’s Orphanage Fund.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0018.png
Even, on the first enquiry report of Md. Nur Ahammad, conciuded that none of the accused
according to his report, were a public servant or had any relation with the government.
More to add, the office of the Comptroller General conducts an annual audit to keep a check
and balance to the funds disbursed by the PMO. In the last 13 years of time from 1993 to
2007, the office of the comptroller general has never raised any flag regarding this.
5.3)
No signature or direction of Begum Zia found
In the Prirne Minister’s Office rtile of business, the direction and orders given by the Prime
Minister needs to be in written format and properly signed by the Prime Minister.
The prosecution, investigation officer, and enquiry officer visibly failed to produce any
document that indicates that the Prime Minister Begum Khaleda Zia had ever in her lifetime
directed Dr Kamal Uddin Siddiqui to open an account in Sonali Bank, on June 2, 1991.
More interestingly Begum Khaleda Zia might flot have the authority to do something as the
system of the government of Bangladesh then was a presidential one and the Prime Minister
did not have the authority to have such funds.
5.4)
Prosecution failed to prove any allegation against Begum Khaleda Zia
In this case, 32 prosecution witnesses have been examined, but the prosecution failed to
prove specifically that Begum Zia had any involvement in the process of collecting and
distributing the fund. She has neither signed any documents nor instructed anyone on this
issue. She was also flot the settler or trustee of the said trust. The fund in question came from
the Kuwait Royal family to distribute among the orphanage trusts in honour of the late
President Ziaur Rahrnan at the instance of the then Foreign Minister Lt. Col. Mustafizur
Rahman. The fund in question came as a private donation and was distributed into two
orphanage trusts whereas the prosecution did not raise any question in respect ofdistributing
the halfofthe fund to Zia Memorial Trust, Bagerhat. Moreover, Lt. Col. Mustafizur Rahman
or other trustees of the said Trust were neither implicated nor exam med in the present case.
Public witness no-32, who is also the first Enquiry Officer in this case, himself admitted and
had given witness that in the investigation report submitted by him after investigation, he did
flot include Begum Khaleda Zia in the list ofaccused’s.
I-le
has mentioned in his investigation
report that he did not find any evidence and proof against her.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0019.png
No witness of the state in their deposition said anything to the effect that Begum Khaleda Zia
as Prime Minister has misused her power through associating with receiving a donation to the
orphanage fund of the Prime Minister’s Office. That she was associated with accepting any
donation for Prime Minister’s Orphan fund or its distribution has flot been confirmed or said
by the witnesses of the state.
5.5)
The case was not filed on proper judicial ground
Zia Orphanage Trust is a non-Government trust. This trust is registered legally. Moreover,
according to the Trust deed, this is managed in accordance with the Trust Act of Bangladesh.
None of the trust members is Government officer or employee. If anybody of the trust
indulges in irregularity or violates the law then allegations can be made, or a case can be filed
against him under the Trust Act. The Anti-Corruption Commission cannot files case about
alleged irregularity or corruption of the trust. Tt does flot fall within their scope and
jurisdiction.
In this case charge has been brought against Begum Khaleda Zia under section 409/109 Penal
Code and under section 5 (2) of Prevention of Corruption Act 1947. If the accused is
considered to be definitely a public servant, then alone he/she can be accused for crimes
under these laws. Under Articie 55 and 56 of the constitution, a public servant and Begum
Khaleda Zia as Prime Minister cannot be accused in a criminal case for any alleged crime
under the said Acts.
5.6)
The prosecution produced unsupported suppiementary documents
before the court
The case at first was inquired by the Deputy Director of ACC Mr Nur Ahmed who after
proper inquirv submitted report mentioning that he could not find any involvement of the
then Prime Minister Begum Khaleda Zia in connection with distributing the fund to Zia
Orphanage Trust, Within two weeks, the second inquiry officer Mr Harun Or Rashid
submitted another report accusing Begum Zia.
The Anti-corruption Commission filed the instant case relying on an office record which was
missing as the alleged and suppiementary record was prepared. On this issue, lawyers for
Begum Zia argued that there was no such office record at ali and the prosecution
manufactured a fabricated suppiementary record without any authentication or signature of
the concerned officers. The said supplementary record was prepared in 2008 in the letterhead
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0020.png
office note showing “President’s Relief Fund” whereas the presidential form of government
was abolished in November 1991, that is, 17 years back. Self-contradictory information has
been given in the fabricated office note.
The prosecution prodttced another document which shows that an account was opened under
the head of “Prirne Minister’s Orphanage Fund”.
l2th Amendment of Bangladesh
Constitution was passed on 6 August 1991 switching from the Presidential form of
government to a Parliamentary form of government and making the Prime Minister Head of
the Executive. Begum Khaleda Zia took oath on under the new system on 19 September
1991. Sc how can Prime Minister’s Orphanage Trust account be opened on 9 June 1991?
The prosecution produced a Cash Register before the court with two entries showing payment
to Zia Memorial Orphanage Trust; one in Jantiary 1993 and another in November
1993.
Both
entries carry the same cheque number, same amount, and same mistake in the name!
Moreover prosecution witness no- 21, who was in charge of that cash register at that time
stated in his deposition, “during my tenure I never saw any original file on Orphan-fund.
PM’s Private Secretary was dealing with relief Fund, Discretionary fund & Secret fund
related subjects. I did never see any original flue on Prime Minister’s Orphanage Fund.”
5.7)
No misappropriation of trust fund
This cannot be a case of misappropriation of trust fund since the amount deposited in the
account has been kept in bank accounts for last 27 years and the amount has been increased
into three times i.e. BDT Tk. 6 crores plus, and the prosecution acknowledged by their
witness statements and by way of cross-examination that the trust money has increased and
laying with the bank account. The prosecution also acknowledged a single penny was taken
out from the bank account other than purchasing a peach of land in Bogra.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0021.png
6. The judiciary under menace
In Bangladesh, it is widely perceived that any judge or even justice who goes against the will
ofAwami League government led by Sheikh Hasina meet with dire consequences.
Seeing the scenario of the country, and the way Awami League influence the judiciary, the
Chief Justice in an event commented “We could not fully establish the rute of law yet. Not to
mention lndia, Sri Lanka and Nepal that are far ahead.”
This example can prove the comment of Chief Justice of Bangladesh. However,
subsequently, the Chef Justice Mr Sinha was compelled to leave the country and stil! he is in
exile in Canada as a did flot follow the dictation of the present Government in the famous
Judgment of l6th amendment of the Constitution case.
6.1)
Judge feils in hot water after acquitting Tarique Rahman
Mr Md. Motahar Hossain was a trial judge of a case of Mr Tarique Rahman. His only fault
was that he acquitted Mr Tarique Rahman, the son of Begum Kha!eda Zia and the Senior
Vice-Chairperson of BNP from the so-called money laundering case that was filed by the
Awami League government in order to malign him.
tn his verdict on Tarique Rahman’s involvement in a money laundering case filed by Anti
Corruption Commission on October 26, 2009, after Awami League take over power, the
judge after perusiflg the docurnents, read:
“As regards co-accused Mr Rahman, the trial court, based on an extensive appraisal of
depositions of the Prosecution Witnesses, found Mr Rahman not guilty. The court forwarded
the following reasons in acquitting Mr Rahman:
i.
Key Prosecution Witness No. 6 Khadiza Islam in her deposition did not implicate Mr
Rahman in this case or link him to any offence. She did flot state that Mr Rahman had
ever demanded any money from her or had threatefled her to pay any rnoney to
convict Mamun or ever had promised to get her any work order;
ii.
Khadiza herself was the best and most competent witfless on who had demanded
money from her for getting her the work order, said the court. Being the best witness,
Khadiza did flot utter Mr Rahman’s name even for once in her depositions or deposed
to have received any demand or threat or promise to get her the work order;
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0022.png
iii.
Prosecution Witness No. 1, Mir Alimuzzarnan, the investigation officer, in this case,
stated in his Investigation Report that convict Mamun had demanded money from
Khadiza for getting her the work order. He did flot mention Mr Rahman’s name in
the Investigation Report but stated in his deposition in court that Mr Rahman had
demanded bribe from Khadiza, which the court found to be a material seif
contradiction; and
The Investigation Report contained that Mr Rahman had voluntarily disciosed about
his possession and use of Suppiementary International Gold Visa Card No. 4568-
8170-1006-4122 issued against coflvict Mamun’s bank accotint with City Bank,
Singapore in a wealth statement he had submitted on 7 June 2007 to the Anti
Corruption Commission (the Commission) in response to a notice dated 19 May 2007
issued by the Commission calling for a statement on his wealth.
iv.
v.
Such disclosure, for the trial court, demonstrated that Mr Rahman had no intention to
conceal his possession and use of the supplementary visa card and thus have made no
attempt to make any concealment. Thus, absent any mens rea and non-concealment
on
Mr Rahman’s part,
the
trial court found him flot guilty and acquitted him of the
charge ofmoney laundering.”
Due to the verdict, the judge was compelled to leave the country to save his life and now he is
exiled in Malaysia.
Afier the verdict was delivered, that acquitted Mr Tarique Rahman, on November 17, 2013,
from the false charges of money laundering, with the government direction the Anti
Corruption Commission (ACC) went after the judge.
An ACC team, after the verdict, launched a preliminary investigation against the so-called
“discrepancies” in the wealth statement of the judge. They interrogated two stenographers of
two
separate Dhaka courts to get information on the judge’s wealth. They are- Md Abul
Hossain of Speedy Tribunal-4 and Nurul Islam Moliah of Special Judges Court in Dhaka.
The graft watchdog also summoned Judge Md Motahar Hossain’s personal security Badal
Dewan and driver Sohrab Hossain, but no irregularities were found.
However, this attitude of the government towards th judge set an example for ali other
judges of the country, and thereby gave a signal that if any judge goes against the will of the
government, he or she has to face the same consequences as Mr Md. Motahar Hossain.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0023.png
6.2)
Justice Joynul faces wrath
Justice Joynul Abedin who headed the judicial enquiry into the grenade attack on an Awami
League rally at Dhaka’s Bangabandhu Avenue on August
21,
2004, was summoned by ACC
to subrnit hs wealth statement in 2010.
The ACC initiated a probe into the wealth of Justice Joynul Abedin and a complaint about
money laundering against him.
The ACC in July 2010 sent him a notice asking for an account of his wealth on suspicion that
he had achieved assets beyond known sources.
Justice Joynul Abedin in his petition said that he had submitted his wealth statements twice to
the commission on August 8, 2010, and November 3, 2010, as the commission asked for.
On March 2 of the 2017 year, the ACC said
iii
a letter to the Supreme Court that there is an
altegation against Justice Abedin of sending money abroad illegally. The anti-graft agency
asked the apex court to provide necessary documents on the matter, saying the mafter needed
to be investigated.
Even in parliament, Agriculture Minister Matia Chowdhury raised the issue of Justice Abedin
when
the MPs were expressing their anger over the Supreme Court, a measure to subdue the
court and judges.
The allegations brought against justice Joynut is potitically motivated for his role as the head
ofjudicial enquiry to the August 21 attack for not naming BNP with the aftack as they
required.
6.3)
Chief Justice comes in the line of fire
“He was appointed by the president who is elected by Iawrnakers. He should have resigned
from his post before making any comment on the election process of the women MPs or after
delivering the verdict.”
Sheikh Hasina, Awami League chief and Prime Minister
“The chiefjustice threatened Prime Minister Sheikh Hasina by citing the reference ofa
Pakistan court order that disqualified their Prime Minister Nawaz Sharif. By doing this, the
chiefjustice has violated his oath. Therefore, he has to resign from office.”
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0024.png
Barrister Sheikh Fazie Noor Taposh, member secretary of Bangabandhu Awami Ainjibi
Parishad
“The remarks you [chiefjustice] have made in the I 6th constitutional amendment verdict
against the country must be expunged, otherwise people will come forward.”
Amir Hossain Amu, Industrialization Minister
“You dont like anything ofBangladesh; then you can either leave the country or get
treatment in Hemayetpur.”
Matia Chowdhury, Agriculture Minister
Ali these comments targeting the Chief Justice of Bangladesh of Bangladesh, Justice
Surendra Kumar Sinha came after he along with six otherjustices, gave a verdict cIaiming the
Sixteenth Arnendment passed in the parliament is iiiegai and the pariiament which is running
Bangladesh, came through a non-participatory election, which devoid of moral rights to pass
such an amendment.
The judgment also levelled the Parliament as dysfunctional.
The sixteenth amendment of the parliament was passed to control the court by the parliament
where the right to impeach any Justice was reserved to the parliament. Any judge could have
been impeached if the pariiament wanted him to be impeached.
In other words, the entire judiciary was literaily taken to hostage where if a verdict goes
against the ruiing partv, the ruling party had the power to irnpeach the justice who delivered
the verdict.
The annulment of the amendment made the parliament furious and the leaders of Awami
League started huriing abuse to the Chief Justice, only to prove that the assessment of the
Supreme Court regarding the sixteenth amendment was absolutely correct!
6.4)
AL against independentjudiciary
According to the famous Masdar Hossain Case verdict, the Judiciary must be separated from
the executive branch of the government. This required the formation of Bangladesh Judiciai
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0025.png
Service Commission to recruit judges and independent disciplinary rules for Jower-court
judges.
On December 2, 1999, the Supreme Court, in the Mazdar Hossain case, had issued a seven
point directive, inciuding formulating separate disciplinary rules, for the lower-court judges
as per the constitutional provisions.
Though the Bangladesh Judicial Service Commission was established in 2007 after the army
backed caretaker government gave the Masdar Hossain Case verdict, the Awami League that
arrived power after the government is yet to formulate disciplinary rules for lower-court
judges as it would take away the authority to exert power over the lower-court judges from
the government.
On May 7, 2015, the law ministry sent a draft of the rules, similar to the Govemment
Servants (Discipline and Appeal) Rules
1985,
to the Supreme Court.
On November
24,
2016, it gave the government one week to publish the gazette notification.
Later on, February
5,
the court ordered the authorities concemed to issue the gazette
notification by February 12.
On February 27, the court had given the government
two
weeks to publish the gazette
notification, as it had failed to publish it in time.
On March 14, it extended the time by two weeks.
On April 4, the Supreme Court extended the deadline until May 8.
Later, on May 8, it gave one more week.
On May 15, the Supreme Court gave the government
two
more weeks to issue the gazette
notification.
However subsequently on December 11, 2017, the government finally isstied the gazette
notification, keeping the president’s authority over the conduct of lower courtjudges.
In response to the gazefte notification, the leadingjurists and members of the civil society and
political parties of Bangladesh stated, the independence ofthejudiciary has been undermined
and the separation of power has been violated the rules. They further stated, the lower courts
have been made subordinate to the executive.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0026.png
6.5)
Chief Justice forced to leave for his verdict
Mr Justice Surendra Kumar Sinha, The Chief Justice of Bangladesh, for hs verdict on
Sixteenth Amendment case was forced to seek for a month of leave by the government on
October 2, 201 7.
Afier a long vacation of the court, on the very day, the court was set to start, but Surendra
Kumar Sinha’s letter with fake signature arrived at the office of President and Prime Minister
at Dhaka.
Reports from Dhaka confirmed that the DGFI officials brandishing with guns went to the
official residence of Chief Justice and gave hirn with three options, which inciuded one
rnonth sick leave and was asked to comply with their order.
A letter shown by the law minister suggest that the leave application itseif was forged as the
signature of Chief Justice did flot match with the other signatures given by Mr Sinha in
different verdicts the copy ofthose are also available on public domain.
However the day he left Bangladesh he told the journalist that he was flot sick as the
government claimed. He will be returning back to Bangladesh very soon. But stil! he is in
abroad and the government claimed he has resigned. but no docurnents yet to be produced to
prove that lie accentually has resigned.
 URU, Alm.del - 2017-18 - Bilag 119: Materiale modtaget i forbindelse foretræde med repræsentanter for Bangladesh Nationalist Party den 31. januar 2018
1854098_0027.png
7. Conciusion
On January 3, 2018, Sheikh Hasina, the self-styled Prime Minister of Bangladesh in a
conference said, “She (Khaleda,) has brains in her head, but those are used for making monev
through ernbezzlenient, steating orphans ‘funds.”
This is flot the first time, Sheikh Hasina, amid holding the portfolio of the Prime Minister of
Bangladesh around hundred times said in public meeting, official press conference as well as
in National Parliament that Begum Khaleda Zia had misappropriated the orphans’ fund and
she certainly will be convicted. As the prime minister, her statements of such things are the
indication of influencing the
j
udiciary’.
This is just one scenario of the thousands of cases how the judiciary is influenced in
Bangladesh.
Now, understanding the entire scenario ofBangladesh, considering Sheikh Hasina”s political
vendetta against Begum Khaleda Zia and realizing the fact that the Awami League would flot
allow Begum Khaleda Zia to campaign in the upcoming national election, we the concerned
citizens of Bangladesh are in fear that using the influence over the judiciary, Sheikh Hasina
and
her Awami League would punish Begum Khaleda Zia in this farcical case.
We would like to count on the friends of the people of Bangladesh to save the situation by
creating international pressure on Sheikh Hasina and ensure that she would not influence the
judiciary.