Khaleda to move HC against plaintiff’s deposition.

A special court in Dhaka on Monday rejected an application of Bangladesh Nationalist Party chairperson Khaleda Zia seeking that the deposition of the plaintiff in Shaheed Ziaur Rahman Orphanage Trust case be expunged on the ground that it was recorded in her absence.In reply, Khaleda’s counsels told the Dhaka Special Judge’s Court-3 that they would move the High Court challenging the rejection order arguing that the recording of the statement in her absence was not ‘lawful.’The judge, Md Abu Ahmed Jamadar, however, said that due course of law was followed in recording the deposition of Anti-Corruption Commission deputy director Harun-or-Rashid, in the Shaheed Zia Orphanage Trust corruption case on six dates between September 22, 2014 and January 15, 2015.
On May 5, the judge had warned Khaleda that her bail in two trust fund graft cases might be cancelled if she failed to appear before the court on May 25.
On Monday, Khaleda, the former prime minister, appeared in the crowded courtroom set up at the capital’s Bakshibazar 20 minutes after the court started recording the rest of the deposition of Harun-or-Rashid in the Shaheed Ziaur Rahman Charitable Trust case.
The court allowed Khaleda to sit on a chair outside the dock but four other accused in two cases were in the dock.
Immediately after Khaleda appeared in the heavily guarded court, her counsel AM Mahbub Uddin Khokon complained that prosecutors were guiding the plaintiff to make the deposition as the plaintiff was encircled by police officers and a number of prosecutors.
Mahbub Uddin accused the prosecutors of unlawfully guiding the plaintiff, triggering hot exchange in the presence of Khaleda Zia prompting the judge to intervene.
Harun, who started deposition on May 5 in absence of Khaleda Zia, continued his testimony as the plaintiff on how the fund in the name of Shaheed Zia Charitable Trust fund was embezzled.
Harun testified that Khaleda Zia, the then prime minister, misused her power in collecting fund as the managing trustee in the name of the charitable trust founded in October 2004.
She and her two sons – Tarique Rahman, now living in the United Kingdom, and Arafat Rahman, who died recently – were also on the trustee board, and they illegally collected money and spent it for ‘personal gains’ with an ill motive, the plaintiff told the court.
The plaintiff said the former prime minister had committed the crime with the connivance of her then political secretary Abul Harris Chowdhury, the latter’s assistant private secretary Ziaul Islam Munna and the then Dhaka city mayor Sadeque Hossain’s assistant private secretary Monirul Islam Khan.
Harun told the court that the investigation had found that Tk 7.8 crore was misappropriated from the fund.
On completion the deposition, the court invited the defence counsels to continue the cross-examination but Khaleda’s counsel Khandaker Mahbub Hossain sought enough time for preparations to cross-examine the plaintiff.
Mahbub Hossain also sought necessary statement recorded under Section 161 of CrPC in the Charitable Trust case.
About the Orphanage Trust Case, Khandaker Mahbub filed an application seeking that the deposition of the plaintiff be expunged. He also argued that the recording of the deposition in her absence and without lawfully declaring the accused a fugitive was against the law. ‘Keep the trial flawless,’ said Mahbub.
After recording the testimony, the court adjourned the trial till June 18.

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