Pakistan Observer
23rd August 1960
I AM INNOCENT, SAYS MUJIB
Case Begins before Sessions Judge
BY OUR COURT CORRESPONDENT
“I am innocent and the allegations are false”- replied Sheikh Mujibur Rahman, former Minister for Commerce, Labour and Industries. Government of East Pakistan and former General Secretary of the defunct Provincial Awami League when the charges of abusing official position with a view to obtaining pecuniary advantage to his friend Kazi Abu Naser, Managing Director. M/S Coal Mining and Trading Co., Pak Ltd. Narayanganj were read out to him by Mr. A Maudud, District and Sessions Judge, Dacca and Ex-officio Special Judge yesterday (Monday).
The following charges were read over to Skeikh Mujibur Rahman by the Judge: “Pursuant to tender notice dated January 8, 1955 by the Assistant Director of Consumer Goods and Fuels of the Government of East Pakistan, tenders were invited for appointment of agents for procuring and handling soft coal coke from India, and some 21 tenders including that of Messrs Coal Mining and Trading Co., Pakistan Ltd, of which the other accused Kazi Abu Naser was the then Managing Agent and of M/S Hasan Ahmed were received and finally on the recommendation of Tender Committee M/S. Hasan Ahmed were appointed as the agents on commission basis by an order dated March 16, 1955 and thereafter the said firm M/S. Hasan Ahmed were acting as such according to written terms of stipulations; ‘That you are said to be a friend of the other accused Kazi Abu Naser and for that you were interested with his firm M/S. Coal Mining and Trading Co. Pak. Ltd.
“That you were appointed a Minister of the Government on September 7, 1956 and you were allotted the portfolio of the Department of Commerce, Labour and Industries on September 10, 1956, while serving as such you were a public servant under the said Government.
That holding charge of the said Department, you had passed orders on April 7, 1957 cancelling the order of appointment of M/S. Hasan Ahmed abruptly and arbitrarily, despite serious objections raised by the Secretary of the Department concerned, and that you did so by abusing your powers as a public servant solely with a view to show; favour to your friend, the accused Kazi Abu Naser and his Agency with which you were personally interested;
‘That you further granted permission to the said M/S. Coal Mining and Trading Co. Darsana, District Kushtia, for converting hard coal into soft coke and to import 500 tons of hard coal from India to start a new plant there, and that you passed such orders despite the objections raised by the Secretary of the Department concerned and in flagrant violation of financial rules and normal procedure, with a view to obtaining pecuniary advantage to your said friend and his Agency, in which you were interested.
“That you have by abusing your position while acting as a public servant, committed offence of criminal misconduct punishable under section 5(2 of Act II of 1947). These are the indictments against you, what is your reply?” I am innocent and the allegations are false”, replied Sheikh Mujibur Rahman.
CHARGE AGAINST ABU NASER
The charge against Kazi Abu Naser was briefly that he abetted Sheikh Mujibur Rahman in commission of allegations leveled against him.
Only two prosecution witnesses were exmanied yesterday. The first one was Mr. Rahim Buksh, section officers Anticorruption.
During his examination-in-chief he stated that Sheikh Mujibur Rahman was appointed minister alloted the portfolio of commerce, Labour and Industries and other department including anti-corruption.
In reply to questions put to Mr. H. S. Shurwardy, defence counsel, the witness dated that East Pakistan Anti-corruption Act of 1947 (Act XXVI of 1947) was passed during his tenure of the office as Minister and he was responsible for passing of the said bill.
The second witness for the prosecution was Nawabzada Hasan Ali Chowdhury Managing Director of M/S Hasan Ahmad Ltd.
In his chief (brief) Mr. Hasan Ali stated that he offered tenders for procuring and handling soft coke from India in Dec. 1955 and he was given the agency. But he could not tell if there were other tenders.
He further said that he knew Kazi Abu Naser who saw him in his residence. Kazi Abu Naser the witness continued told him that they …
(Hasan Ahmed Ltd.) had got the agency applied for. Mr. Abu Naser suggested to him the work of the agency would go in the name of the said company and he (Kazi Abu Naser) would do the actual work and divide the commission.
The witness did not agree to the suggestion and after obtaining the agency his company carried on with the business. Kazi Abu Naser Met him on more than one occasion but he declined to accept the suggestions. The witness further gave out that initially they were to procure 2000 tons of soft coal from India per month and afterwards the quantity was raised to 3000 tons. His agency was terminated by the Government by a letter received by him on or about April 10, 1957.
In the Crose-examination the witness stated that his firm was a Private Limited Company incorporated in Pakistan in July, 1950.
In reply to a question of the Defence Counsel the witness said that he submitted his tender in the form of a letter. At this time Mr. Suhrawardy wanted to see the tender to which the Public Prosecutor informed the Court that the tender was not traceable in the office record. In reply to another question the witness said that they were registered commercial importers. He could not tell what the company used to import initially, but latter on they got the category of importing rubber goods and cycle parts. The witness stated that before applying for the agency they had no experience of importing or handling or procuring coal.
He further stated that after getting the agency they were, not allowed to import coal by the Coal Commissioner of Pakistan for the first two months.
About the procuring coal from India the witness stated that they appointed D. M. Sukla & Co., their supplier in India.
The witness said that they had to approach various collieries to know as to what quantity of soft coke they could supply to them. But prior to that their supplier had to approach the collieries to find out coupons to supply coal to Pakistan, the witness said. They used to collect Coupons, chalk out their programme which was to be submitted to the Coal Controller, Calcutta for sanction. The sanction also set out the number of wagons and then the coal was imported by train to Iswardi through Naihati. Therefrom the coal was sent to the various parts of the Province according to the programme fixed by the Chief Inspector, consumer goods. If he did not get despatch advice to cover all the coal the remaining stock would be dumped at Iswardi.
In reply to another question the witness stated that there was a provision to being (bring) coal from Howrah to Narayangong by water ways. We were never asked to bring coal by water ways from Howrah to Narayanganj and so we never did it, witness added.
He further said that during their agency they handled about 60 to 65 thousand tons of coal.
In reply to another question Mr. Hasan Ali said that some coal had been procured by the coal Liaison officer of the central Government and there was a complaint by them and as well as by the Government of East Pakistan about the quality of the coal for which there was a joint inspection latter on.
There were a few complaint against their firm about the procuring of bad quality of coal, the witness added. Before his cross-examination was over the hearing of the case adjourned till 8 a.m. today.
Mr. H. S. Suhrawardy, Mr. Zahiruddin, Advocates and Mr. Zillur Rahman, Pleader appeared for Sheikh Mujibur Rahman, and Mr. A. Salam Khan and M. Azam; Advocates appeared for Kazi Abu Naser while Mr. Azizuddin, Special Public Prosecutor with Mr. Moazzem Hussain appeared for the State.
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