The verdict in the Zia Orphanage Trust graft case against BNP Chairperson Khaleda Zia, her son Tarique Rahman and four others will be announced on February 8.

Judge Md Akhtaruzzaman of the Special Court-5 in Dhaka yesterday fixed the date after the prosecution and defence counsels completed their 16-day closing arguments in presence of Khaleda.

The prosecution sought highest punishment (life imprisonment) for the accused, claiming that it has been able to prove the charges.

However, defence counsels termed the case “imaginary” and sought acquittal of their clients saying that the prosecution totally failed to prove the charges.

The BNP chief faces 31 more cases. The same court yesterday fixed January 30 to resume proceedings in the Zia Charitable Trust graft case.

Mosharraf Hossain Kajal, public prosecutor of the orphanage trust graft case, told journalists that the lawsuit was related to moral turpitude and as per the constitution Khaleda would be disqualified from contesting any election if she is sentenced to a minimum of three years' imprisonment.

Talking to The Daily Star, Khaleda's lawyer Zainul Abedin said, “This is what the government wants [disqualifying the BNP chief from contesting polls]. There is no ingredient in the case to convict her of graft.”

THE CASE

The Anti-Corruption Commission had filed the graft case with Ramna Police Station in July 2008, accusing Khaleda and five others of misappropriating over Tk 2.1 crore that had come from a foreign bank as grants for orphans.

According to the case document, then (1991-1996) prime minister Khaleda Zia opened an account named “Prime Minister's Orphanage Trust” with the Ramna branch of Sonali Bank.

On June 9, 1991, $126,000 (Tk 4,44,81,216) was deposited in the account from United Saudi Commercial Bank, but the money was not spent for any orphanage in between June 9 and September 5 of the same year, it said.

The Zia Orphanage Trust was set up by Khaleda's two sons and a nephew. It was registered on September 5, 1993.

A total of Tk 2,33,33,500 was given to the trust on November 13, 1993, to establish an orphanage in Bogra, reads the FIR.

The money was deposited in the Trust account on November 15 that year and Tk 4 lakh was withdrawn from it on December 4, the FIR stated.

Later, the money was transferred to the accounts of two other accused -- then BNP lawmaker Kazi Salimul Haque and businessman Sharfuddin Ahmed.

According to the prosecution, the amir of Kuwait in 1991 had sent the money to prime minister's orphanage fund, which is a public fund.

But the money was transferred to Zia Orphanage Trust, a private fund, and the accused misappropriated the money by transferring the amount from a public fund to a private one, it said.

The defence counsels, however, said Kuwait had sent $126,000 to a private fund to build an orphanage in memory of late president Ziaur Rahman.

But the prosecution submitted “forged documents” to make the private fund appear as a public fund under the Prime Minister's Office only to implicate and harass Khaleda for “political purposes”, they told the court.

Of the accused, Khaleda is now on bail while Salimul Haque and Sharfuddin are behind bars. Tarique, also the senior vice-chairman of BNP, Ziaur Rahman's nephew Mominur Rahman and former principal secretary Kamal Uddin Siddique have been absconding.

The court received the case in July 2008 and completed the proceedings in 236 working days, according to the prosecution.

YESTERDAY'S PROCEEDINGS

As the court began the proceedings around 11:07am, Ahsan Ullah, a defence counsel for Sharfuddin and Saleemul Huq, placed his arguments on legal points citing several decisions of High Court and Supreme Court.

Syed Mizanur Rahman, another counsel for Saleemul, placed his arguments on legal points for over an hour.

He said the prosecution alleged that the accused had destroyed/hid some original documents regarding money transactions and therefore submitted “photocopies” of the documents.

But the prosecution did not bring charges against the accused for destroying or hiding documents, meaning the prosecution itself does not believe that the documents were destroyed, he said.

Citing a relevant section of the law, Mizanur said mere expenditures or withdrawals of money do not constitute any offence; had there been any dishonest intention behind transactions of money, it would have constituted an offence.

He said Zia Orphanage Trust entrusted Saleemul with the money and although the money was in his account, he never withdrew it for his personal use.

Refuting the defence arguments, PP Mosharraf said the defence counsels had challenged the FIR, cognisance order and the charge-framing order of the case with the High Court and Appellate Division of the Supreme Court and even sought quashment of the case.

But all their petitions were rejected by the higher courts which directed the trial court to dispose of the case on the basis of evidence, he said.

“We have produced 32 witnesses,” he said, adding that the defence lawyers placed the same arguments before this court and the higher courts.

After his submissions, Khaleda's another lawyer Abdur Rezak Khan made a brief submission before the court.

BNP-AL REACTIONS

The BNP is considering taking to the streets if the verdict in the orphanage trust case goes against Khaleda Zia, according to party sources.

Senior party leaders on different occasions had threatened that they would announce tougher programmes if the verdict went against the party chief.

They have been alleging that the government was trying to keep Khaleda away from politics and that's why it filed the “politically motivated” case.

“The case has no merit. There is no scope of giving any verdict that goes against the BNP chairperson. So we are expecting a positive and fair justice,” BNP standing committee member Moudud Ahmed told The Daily Star.

Speaking at a press conference yesterday, BNP Secretary General Mirza Fakhrul Islam Alamgir expressed fear that the verdicts in the two graft cases against Khaleda and the other accused would be pronounced “as per the prime minister's desire”.

“Prime Minister's Special Envoy HM Ershad has said Khaleda Zia will have to go to jail within a few days. It means that this illegal government has already written the verdict. So it was unnecessary to stage the farce in the name of trial,” he said.

Meanwhile, the ruling Awami League is mulling to follow “act according to the demand of the situation” strategy over the verdict in the case.

The party will make a decision in this regard after seeing its arch-rival BNP's reaction. The AL will be on alert on August 8, the day of the verdict delivery, to avert any unwarranted situation.

Talking to this newspaper, AL Joint General Secretary Mahbubul Alam Hanif said the government and the law enforcers would not allow anyone to get involved in destructive politics.

“If the BNP leaders and activists take the path of violence, the law forcers will face them with an iron hand.”