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Morning News
29th August 1960

Case Against Sheikh Mujib Concludes
ACCUSED PLEAD NOT GUILTY

(By Our Staff Reporter)
Hearing in the case against Sheikh Mujibur Rahman and his alleged friend came to a close yesterday (Sunday) in the court of Mr. A. Maudud, District and Ex-officio Senior Special Judge, Dacca The Judge reserved his judgement.
Both the accused pleaded not guilty. Reiterating his innocence Sheikh Mujibur Rahman said in his statement before the court that accused Naser was never his friend, “Nor had I any connection with his firm. I cancelled the coal Agency of Hasan Ahmad because there were innumerable complaints against his Agency. I had never cancelled Hasan Ahmad’s Agency for the economic benefit of Coal Mining and Trading Company,” Sheikh Mujib replied. With regard to Mr. Kadri’s objections to the orders passed by Sheikh Mujib, the latter said that “on principle Mr. kadri did not disagree with me as he had suggested that both Hasan Ahmad and Coal Mining Company could be given the Agencies on the same terms and conditions.” Accused Kazi Abu Naser also denied having any friendship with Sheikh Mujibur Rahman. The accused, however, admitted that he had gone to Nawabzada Hasan Ali with a proposal for doing the business on his behalf on commission basis. After the recording of statements of the accused, the Judge heard arguments of both the sides. Mr. Azizuddin Ahmed, Special Public Prosecutor, submitted that the friendship of Sheikh Mujibur Rahman with Kazi Naser had been proved by the evidence of the two witnesses of Narayanganj who had seen Sheikh Mujibur Rahman visiting Naser’s house and office at Narayanganj.
Mr. Azizuddin then stated that Sheikh Mujibur Rahman granted permission to the Coal Mining Company to set up a softcoke plant at Darsana. Sheikh Mujibur Rahman also granted coal Agency to the same company and all these he had done only for the benefit of his friend Kazi Abu Naser who was the Managing Agent of the company.” It was the Minister’s affection for Naser that he had granted him all the Agencies”, the Special Public Prosecutor added.
Continuing, Mr. Azizuddin said that the appointment of Hasan Ahmad might be wrong or unjustified but that did not justify the appointment of Coal Mining Company without following any normal procedures. Coal Mining Company was appointed, Mr. Azizuddin said, disregarding all the procedures. Even the Minister did not take the trouble of knowing as to whether the firm was ready to shoulder the responsibility. Thus if Hasan Ahmad’s appointment as the coal Agent was bad, the appointment of Coal Mining Company was worse, Mr. Azizuddin submitted.
Elaborating the point, Mr. Azizuddin said that in Hasan Ahmad’s case a tender was called, a tender committee made the selection of the Agent but in the case of the Coal Mining Company there was none. The application for setting up a plant at Darsana was a mere plea for getting the Agency after the cancellation of Hasan Ahmad’s licence, concluded Mr. Azizuddin. Mr. Suhrawardy, arguing for the defence, submitted that Sheikh Mujibur Rahman granted permission to Coal Mining Company to set up a plant as he had a bona fide reason to do so. Government was at that time very much anxious to industrialise the country as quickly as possible. Moreover, Mr. Suhrawardy pointed out, Coal Mining Company was the only firm to come forward with the concrete proposal of setting up the plant which would have saved foreign exchange, besides other advantages. As regards the prosecution charge that by granting Agency to the Coal Mining Company without calling any tender, Sheikh Mujibur Rahman had violated financial rules or office procedures, the defence counsel submitted that it was the duty of the Departmental Secretary to apprise the Minister of all the implications of his actions. But, Mr. Suhrawardy pointed out, the Minister, Sheikh Mujibur Rahman, was never told by the Secretary that his orders would be against financial rules.
Then with regard to another charge brought forth by the prosecution, Mr. Suhrawardy said that publications of advertisements or calling for tenders at the time of selecting industrialists were not always necessary. The defence counsel then pointed out that Mr. Kadri did not suggest invitation of tenders for the coal Agency. Mr. Kadri suggested tenders for the industry, Mr. Suhrawardy added. The defence council further submitted that Sheikh Mujibur Rahman granted coal Agency to Naser’s firm only because he was of the opinion that the firm setting up the soft-coke industry should also have the Agency, otherwise, there would have been great confusion with regard to the supply of coal. Naser got the licence for setting up the plant. So Sheikh Mujib thought it proper that the same firming setting up the plant should get the coal Agency, Mr. Suhrawardy elaborated his arguments.
Mr. Abdus Salam Khan, advocate appearing for accused Naser contended that there was no direct evidence against the accused and the circumstantial evidence in the case was so meagre that the prosecution case could not stand. Mr. Khan further said that no charge of abetment had been proved against Kazi Abu Naser.
Sheikh Mujibur Rahman, a former Provincial Minister for Commerce, Labour and Industries, and General Secretary of the defunct Awami League was facing the trial on charges of abusing his official powers by obtaining pecuniary advantage for his friend”, Kazi Abu Naser. The co-accused Kazi Abu Naser was charged with abetting the offence.

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