Morning News
25th January 1962
Judgement In Sheikh Mujib’s Case
GOVT. APPEAL DISMISSED
A Bench of the Pakistan Supreme Court yesterday dismissed the appeal preferred by the State against a judgement of the Dacca High Court which had set aside the conviction and sentences passed by a lower court against a former Provincial Minister and General Secretary of the now defunct Awami League, Sheikh Mujibur Rahman and one Kazi Abu Nasser, described as his friend.
The Bench comprising Mr. Justice S. A. Rahman and Mr. Justice Fazle Akbar sitting at the former Provincial Assembly building heard the counsel for the State briefly placing his case before they pronounced their judgement to finally dispose of the case.
Sheikh Mujibur Rahman was convicted by the senior special Judge of Dacca in September 1960 when the latter found him guilty of the charge of criminal misconduct for obtaining pecuniary gain for a friend by abusing his official power as a Minister of the Provincial Government and sentenced him to two years simple imprisonment and a fine of Rs. 5,000 in default, another six months simple imprisonment.
The same court had also found Kazi Abu Nasser, described by the Prosecution as a friend of Sheikh Mujibur Rahman, guilty of the offence of abetment and awarded him the same punishment of two years simple imprisonment and a fine of Rs. 5,000 in default, another six months simple imprisonment. The prosecution case in brief was that Sheikh Mujibur Rahman, the East Pakistan Minister for Commerce, Labour and Industries had abused his official power by arbitrarily cancelling the licence of Hassan Ahmed and Company for importing and handling coal from India and giving the same to his “friend” Abu Nasser with a view to obtaining pecuniary advantage for the latter. The prosecution case also said that in his action Sheikh Mujibur Rahman had also disregarded the objection raised by the departmental secretary.
Sheikh Mujibur Rahman and Abu Nasser had filed appeals before the Dacca High Court against their conviction and sentences and a Division Bench of the Dacca High Court comprising Mr. Justice Asir and Mr. Justice Ali in July last set aside the conviction and sentences passed by the lower court against them.
Mr. H. S. Suhrawardy who had appeared for Sheikh Mujibur Rahman before both the High Court and lower court, yesterday also appeared to oppose the petition by the State. Besides, Mr. Hamidul Huq Choudhury with Mr. Humayun Kabir Choudhury also appeared to oppose the petition. Mr. Azizuddin Ahmed with Mr. A. W. Mullick appeared for the State. -APP
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