The High Court (HC) yesterday stayed for two months the proceedings of Gatco corruption case filed by the Anti Corruption Commission (ACC) against detained former prime minister Khaleda Zia.
Meanwhile, the Supreme Court (SC) yesterday upheld an HC order staying the proceedings of the Niko graft case filed by the ACC against the former premier.
After hearing a writ petition filed by Khaleda Zia, the HC bench comprising Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed also issued a rule upon the government and the ACC to explain within four weeks why the proceedings of Gatco case against the petitioner (Khaleda) should not be quashed.
Khaleda's counsel barrister Rafique-ul Huq told the newsmen that the HC stayed the proceedings of Gatco case and also issued the rule on the grounds that the ACC's approval for filing the case was not in accordance with the law.
ACC's counsel Khurshid Alam Khan told The Daily Star that the HC issued the rule to examine whether the commission gave permission for filing the case following due process of law.
He also said the ACC will file an appeal with the SC against the HC order as soon as possible.
During the hearing of the writ petition, Khurshid Alam told the court that the ACC did not make any error in giving permission to its officials to file the case and in taking the investigation report and the charge sheet of the case into cognisance.
Replying to a query of the HC, he also said the ACC gave the approval after examining all the relevant records and documents.
The ACC filed the case against Khaleda and 22 others on September 2 last year on charges of corruption in awarding the contract for container management at inland container depots in Dhaka and Chittagong to Global Agro Trade (Pvt) Co Ltd (Gatco), causing a loss of over Tk 1,000 crore to the state exchequer.
Later, the case was brought under the Emergency Power Rules (EPR).
The case is pending with the Special Judge's Court-3 in the Jatiya Sangsad Bhaban complex.
On July 10, Khaleda filed the writ petition challenging the legality of the Gatco corruption case against her.
In her petition, Khaleda stated that the ACC did not adhere to due legal procedure in giving permission to file the case against her. She prayed for quashing the proceedings of the case.
Following the petition, the HC bench on July 13 asked the ACC counsel to submit the records of the Gatco case before it for examination.
On another writ petition filed by the BNP chairperson, the same bench on July 9 stayed the proceedings of the Niko corruption case against her for two months and issued a rule asking the government and the ACC to explain within two weeks why the proceedings of the Niko case should not be quashed.
The ACC filed a provisional leave to appeal with the Supreme Court (SC) to vacate the HC order.
After hearing arguments from both the sides, Chamber Judge of the Appellate Division Justice MA Matin yesterday upheld the HC order, rejecting the ACC's provisional leave to appeal. He had also asked the commission to file a regular appeal with the SC against the HC order.
Advocate Khandker Mahbub Uddin Ahmad and barrister Rafiqul Islam Mia appeared for Khaleda Zia at the chamber judge's court.