HC pronounces Tarique-Zubaida ‘fugitives’ in graft case

The High Court (HC) has declared BNP's acting chairman Tarique Rahman and his wife Zubaida Rahman as "fugitives" in a 2007 graft case for misappropriating Tk4.8 crore.

The bench of Judge Md Nazrul Islam Talukder and Judge Kazi Md Ijarul Haque passed the order after hearing arguments on Sunday.

They also rejected the couple's writ petitions challenging the corruption case against them for acquiring wealth beyond their known sources of income and concealing wealth in their affidavits.

The HC also withdrew the stay order on the case and directed the lower court concerned to complete trial proceedings as early as possible.

Dhaka's chief metropolitan magistrate has been asked to send the record of the case to the Metropolitan Sessions Judge's Court in the capital in 10 days.

The Anti-Corruption Commission (ACC) filed the corruption case against Tarique and Zubaida with Kafrul police station on 26 September, 2007.

Earlier on 19 June, the same HC bench had fixed today (26 June) for a verdict in the case.

Tarique and his wife Zubaida had submitted three separate writ petitions to the HC some 15 years ago, challenging the ACC case.

The HC had issued a rule in this regard at that time. Tariq and Zubaida submitted another three writ petitions against the rule, asking for a hearing.

The HC finally took cognizance of these petitions on 29 May. On that day, the ACC lawyer asked the court whether Tarique-Zubaida's lawyer will be able to plead for time. 

On 5 June, the first hearing took place, discussing if Tarique and Zubaida can be declared as fugitives and if they will be able to appoint lawyers to stand for them.

The same issues were discussed during the second hearing on 12 June and the third hearing today.

Lawyers AJ Mohammad Ali, Joynul Abedin and Kaysar Kamal conducted the hearing. Lawyer Khurshid Alam stood for the ACC while Attorney General AM Amin Uddin stood for the state.

During the hearing, lawyer Khurshid Alam said that Tarique Rahman has been convicted in three cases. An arrest warrant has also been issued against him. These conditions are enough to declare Tarique a fugitive.

Besides, the Appellate Division on 13 April had said in a verdict that Tarique's wife Zubaida is a fugitive. As both Tarique and Zubaida have been declared by the courts as fugitives, they can't hire lawyers to stand for them, said Khurshid. 

On the other hand, Tarique and Zubaida's lawyer AJ Mohammad Ali said before the court that the corruption case against his clients is still in its infancy. The complaints haven't been recognised by the court yet. As a result, the time hasn't come for Tarique and Zubaida to surrender before the court.

He added that Tarique was not a fugitive when he had filed the writ petitions. Tarique has received bail in the corruption case, which has been upheld by the Appellate Division too. That's why Tarique Rahman can't be declared a fugitive.

Attorney General AKM Amin Uddin said that the Appellate Division has already declared Zubaida a fugitive. That is why she can't hire a lawyer as per the court's verdict.