Pakistan Observer
25th August 1960
2 MORE PROSECUTION WITNESSES EXAMINED
Case Against Sheikh Mujib
By Our Court Correspondent
Two more prosecution witnesses were yesterday (Wednesday) examined in the case of criminal misconduct by abusing official position as a public servant brought against Sheikh Mujibur Rahman, former Provincial Minister of Commerce, Labour and Industries.
Resuming his incomplete cross-examination before the Court the prosecution witness Mr. Hashem Ali, Deputy Secretary, Food said that of the total coal to be brought from India 60 per cent was to be booked for Iswardi and 40 per cent for Dacca and Narayanganj: Of the 60 per cent brought to Iswardi. 80 per cent would be rebooked to various parts of the province and 20 per cent would be dumped at Iswardi.
The witness further gave out that in all 21 tender applications were received in connection with the procuring and handling of soft coke. Of them 14 were outright rejected as they were below the workable rate. Of the remaining 7, other 3 were rejected as they gave below workable rate in respect of one item. And of the remaining 4 tenders M/S Hassan Ahmed’s one gave the lowest quotation and was accepted.
In reply to a question of Mr. H. S. Suhrawardy, the Defence Counsel, the witness stated that they did not consider the experience of the stated that it appeared from the file of the Secretariat that there was no suggestion for the cancellation of any agency of M/S Hassan Ahmed.
In his cross-examinations the witness stated that there was a discussions with the Minister and Secretary of Industries Department, Government of Pakistan that they should import steam coal and manufacture soft coke from it. It reply to another question the witness said that so far he knew the soft roke (coke) used for the kitchens was being dealt with by the Provincial Government through the Director of Consumer Goods.
In reply to another question the witness said that he could not tell where were the Petitions wich were made to the pedecessors (minister) of Sheikh Mujibur Rahman.
The witness further gave out that prior to the passage of the late Constitution, the Provincial Government pressed the Central Government that it should be consulted before giving permission to set up new industries in the province. Even after the Constitution gave powers to the Provincial Government it could not set up industries as there was question of foreign exchange which was a central subject. After his cross-examination the court adjourned till today.
Defence Counsel, the witness stated that they did not consider the experience of the tenderers in the coal business because it would debar the new comers.
The witness also stated that in the notification inviting the tenders there was a provision to the effect that the experience of the tenderer should be stated in the application. But they (the tender committee) ignored that item.
Mr. Hashem Ali deposed that every tender had to be accompanied by Rs. 1000 in Treasury Chalan as earnest money. M/S. Hassan Ahmed’s tender application might have been accompanied by such a Treasury Chalan or a Bank Draft without which they would not have considered the tender.
He further said that he did not realise at the time of considering the tenders that M/S Hassan Ahmed was a new comer.
The witness said that it was not a fact that the principles they laid down and the fact they took into consideration were with a view to give the agency to M/S Hassan Ahmed & Co. It was also not a fact that all the 14 tenders they rejected were below M/S Hassan Ahmed’s rate.
The witness disclosed that they did not know the names of the tenderers before the tenders were opened.
The next witness Mr. Muid Khan, the then Financial Adviser to the East Pakistan Government said that he was a member of the Tender Committee. The two other members were Mr. Hashem Ali (P.W. 3) and Mr. Fazle Huq Chowdhury, Director, Consumer Goods. The witness said: Before opening the tenders we asked Mr. F. H. Chowdhury about the lowest workable rate. Then we opened the tenders. Here the witness stated like Mr. Hashem Ali how they selected M/S Hassan Ahmed. The acceptance was subject to usual verification with regard to their capacity to discharge obligation and antecedent. In cross-examination the witness said that the verification is made after the selection, and not before that as they did not know the name of the tenderers before the opening of the tenders.
The witness could not recollect if there was any tender application by M/S. Coal Mining and Trading Company and if they had stated in the application that they had 15 years experience in the line of coal. The witness also could not recollect if M/S. Hasan Ahmed had any experience in this line.
The verification would be about the capability of the firm to carry the business, the witness added.
He also stated that Mr. F. H. Chowdhury gave them the minimum workable rate and also the hypothetical figure of splitting up the stock.
The witness further deposed that he did not know whether Mr. Hasan Ali Chowdhury was related to Mr. Muhammad Ali Chowdhury, former Prime Minister of Pakistan. The last prosecution witness for the day was Mr. Abul Khair, the then Deputy Secretary Commerce, Labour and Industries, Government of East Pakistan.
The witness proved some Government files before the Court.
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