Pakistan Observer
30 September 1960
SK. MUJIB CONVICTED, JAILED AND FINED
Naser Has Same Awards : Ad Interim Bail Granted
BY OUR COURT CORRESPONDENT
SHEIKH MUJIBUR RAHAMAN, FORMER PROVINCIAL MINISTER OF COMMERCE, LABOUR AND INDUSTRIES AND ALSO OF ANTI-CORRUPTION, AND GENERAL SECRETARY OF THE DEFUNCT PROVINCIAL AWAMI LEAGUE, AND QUZI ABU NASER, MANAGING DIRECTOR OF M/S COAL MINING AND TRADING COMPANY, NARAYNGANJ WERE YESTERDAY ( MONDAY) CONVICTED ON CHARGES OF CRIMINAL MISCONDUCT AND ABETMENT RESPECTIVELY.
BOTH WERE SENTENCED TO SUFFER TWO YEARS SIMPLE IMPRISONMENT AND TO PAY A FINE OF RS. 5,000 OR IN DEFAULT TO SUFFER SIMPLE IMPRISONMENT FOR A FURTHER TERM OF SIX MONTHS EACH.
The accused persons were, however, granted ad interim bail pending appeal to the High Court by Mr. A. Moudud, District and Sessions Judge and ex-officio Senior Special Judge, Dacca, who passed the above sentence.
The prosecution case briefly is that in pursuance of a tender notice of January 8, 1955 issued by the Director of Consumer Goods and Fuels inviting applications for the appointment of a procuring and handling agent for coal coke imported from India, 21, tenders were received of which the Tender Committee selected M/S Hassan Ahmed Ltd. as the agent.
When M/S Hassan Ahmed Ltd. started business, accused Quazi Abu Naser whose tender was rejected approached Nawabzada Hassan Ali, Managing Director of M/S. Hassan Ahmed Ltd., and proposed to him that he would do the actual job in the name of M/S. Hassan Ahmed Ltd. and would divide the share of profit between them. Mir. Hassan Ali, however, rejected the offer.
AGENCY CANCELLED
Thereafter when accused Sheikh Mujibur Rahman became minister in September, 1956 accused Quazi Abu Naser a friend of Sheikh Mujibur Rahman, approached him for the benefit of his firm and by his act of abetment Sheikh Mujibur Rahman had abruptly and arbitrarily cancelled the agency of M/S Hassan Ahmed Ltd. despite objections raised by the Departmental Secretary and appointed M/S Coal Mining and Trading Company of Quazi Abu Naser as agent for the afore said purposes without inviting any fresh tender and without any application from the said firm. …..
Prosecution witness 14 Rahim Newaz Chowdhury deposed that he knows both the accused and that he saw the accused Mr. Rahman to visit the office of Naser at 85, Delisle Road for 5/7 times and that he saw him visiting there before he became a Minister. He also saw Mr. Rahman once visiting the residence of Naser at 112, Delisle Road after his success at the General Election in the year 1954 when accused Abu Naser had thrown a dinner party to Mr. Suhrawardy, Mr. Nuruddin, Mr. Mujibur Rahman and others. The only suggestion to challenge his veracity was that he has forcibly been occupying the house of a Hindu. But he asserted that the said Hindu is his landlord.
There is no suggestion, however, that this witness has got any ill-feeling with any of the two accused or any personal axe to grind on them. And accordingly I have got no reason to disbelieve him. Such evidence of PWs 13 and 14 substantiates that the accused Mr. Rahman had previous intimacy with the accused Abu Naser and this necessarily proves the instigation and active abetment on the part of the accused Abu Naser to the accused Mr. Rahman to grant him the favours of the lease for mining of peat at Gopalganj and permission to set up a plant for making soft coke at Darsana as per the impugned orders dated 21.3.57 and finally appointing the accused Abu Naser and his firm agent for importing soft coke from India by canceling the appointment of M/S Hasan Ahmed Ltd. as per the impugned order dated 7.4.57.
IMPUNGED ORDER
It was the clear prosecution case that the accused Mr. M. Rahman while serving as a Minister had passed the impugned orders dated 21.3.57 and 7.4.57 in flagrant violation of Financial Rules and official procedure regarding appointment of an agent and despite serious objections raised by the Secretary of the department concerned whereas it was the clear defence plea that the proposals were placed before Mr. Rahman by the Directorate of Industries through the departmental Secretary, that there was no opposition against his opinion as a matter of principle, that there was no suggestion that fresh tenders would have to be called for or opinions of the Finance Department should be sought for; no objection regarding the act of the accused was raised up till 7th August, 1957 when he demitted his office; he did not violate any financial rules of departmental procedure to the best of his knowledge, but what he did in the interests of the public and welfare of the State.
We have, however, already seen from the file No. 2-1-53/57, that the proposal was at first initiated by Mr. Quddus, the then Director of Industries by his note dated 12.2.57 and that the Secretary Mr. Quadir by his note dated 12.3.57 proposed, ‘I think that as in the case of other industries we should advertise for this also. Thereafter selection could be made and the project finanlised’. But by his order dated 21.3.57 in this file the accused Mr. Rahman passed the final order granting permission to the firm M/S. Coal Mining and Trading Company to set up a plant for converting imported hard coal into soft coke and to start the industrial unit. They were given permission to import 500 tons of hard coal with the specific directive that action should be taken within 10 days. And by his this very order Mr. Rahman gave out his determination to cancel the agency of M/S Hasan Ahmed Ltd, and to appoint M/S Coal Mining and Trading Company agent instead. The matter was again put up before the Secretary Mr. Quadri who by his note dated 2.4.57 suggested, “To cancel this agency without adequate reasons will not be proper” and he suggested that instead of cancelling the agency to divide it between both the firms. But his such suggestion was turned down and the impugned order dated 7.4.57 was passed by Mr. Rahman cancelling the agency of M/S Hasan Ahmed Ltd. and appointing M/S Coal Mining and Trading Company as agent instead….
Morning News
8th November 1960
Mujib’s Petition For Admission of Appeal
(By A Staff Reporter)
The application for admission of the appeals of Sheikh Mujibur Rahman, a former Provincial Minister and General Secretary of the defunct Awami League, and Qazi Abu Nasser, Which came up for hearing yesterday (Monday) before Mr. Justice Murshed and Mr. Justice Idris of the Dacca High Court was adjournd till Thursday next. Their Lordships, however, extended the ad-interim bails of the petitioners up to Thursday.
Sheikh Mujibur Rahman was found guilty by the Senior Special Judge, Dacca, Mr. A. Moudud, who sentenced him to two years, simple imprisonment and also to pay a fine of Rs. 5,000, in default simple imprisonment for another six months on September 12, on a charge of abusing his official position by obtaining pecuniary benefit for his alleged friend Qazi Abu Nasser. Qazi Abu Nasser was also awarded the same sentence.
Mr. Abdus Salam Khan, Mr. Serajul Huq, Mr. Jaheer Uddin, Advocates, appeared for the petitioners.
Pakistan Observer
9th November 1960
Rule Issued On D. M. of Dacca
Remarks on Quddus In Judgment of Mujib’s Case
By Our High Court Correspondent
An applications was moved on behalf of Mr. Ruhul Quddus, C.S.P. on Tuesday before Mr. Justice Murshed and Mr. Justice Idris of the Dacca High Court for expunction of certain remarks made against him by Mr. A. Mowdud the learned Senior Special Judge, Dacca in the judgment of the case against Mr. Shaikh Mazibur Rahman and Quazi Abu Naser, where the petitioner as the then Director of Industries, East Pakistan deposed as a prosecution witness. It was contended on behalf of Mr. Quddus that those objectionable remarks sought to be expunged are not borne out by any evidence on record. And the remarks were against the character of the witness who was not given any opportunity to explain the circumstances. Their Lordships were pleased to issue a Rule on the District Magistrate, Dacca to show cause why the remarks passed against Mr. Quddus should not be expunged. Mr. Hamidul Huq Chowdhury with Mr. Kamaluddin Hossain, Advocate appeared for the petitioner.
Pakistan Observer
10th November 1960
Sheikh Mujib’s Appeal Admitted for Hearing
By Our High Court Correspondent
The appeals preferred by Sheikh Mujibur Rahman, former provincial Minister and General Secretary of the now defunct Provincial Awami League and the other person Qazi Abu Naser against their conviction and sentence by the Senior Special Judge, Dacca, were admitted for hearing in the Dacca High Court by Their Lordships, Mr. Justice Hasan and Mr. Justice M. R. Khan yesterday (Wednesday).
Mr. Mujib and Mr. Naser were earlier convicted for criminal misconduct for obtaining pecuniary gain for his friend by abusing his official power as a minister and for its abetment respectively and sentenced to simple imprisonment for 2years each and a fine of Rs. 5,000 each, in default simple imprisonment for a further term of six months each, on September 12 last. The case was that in pursuance of a tender notice on January 8, 1955 issued by the Director of the Consumer Goods and Fuel for procuring and handling coal imported from India, 21 tenders were received from amongst which M/S Hasan Ahmed Ltd. was ultimately selected as agent. The appellant Naser who served in the M/S Coal Mining and Trading Co. (Pak) Ltd. applied but his application was rejected. Then Naser approached Mr. Rahman when he became Provincial Minister,
AGENCY CANCELLED
Mr. Rahman arbitrarily cancelled the agency of M/S Hasan Ahmed Ltd. and gave the same to the firm of Mr. Naser, without inviting any fresh tender. It was also alleged that Mr. Rahman further granted permission to Naser’s firm to set up a coke manufacturing plant at Darsana and also to import 500 tons of hard coal for use by the firm despite objections by the Departmental Secretary.
The appellants pleaded not guilty. The defence put forward by Mr. Mujib was that Abu Naser was never his friend and whatever he did as a Minister was in good faith for the best interest of the country and was intended to serve the ends of justice.
The defence of Naser was that he was never a friend of Mr. Rahman, nor had he approached him any time. So the question of abetment does not come at all.
On behalf of the appellants, on point of law, among others, it was submitted before their Lordships that-
(a) Mr. Rahman was never a public servant within the meaning of Sub-Section 9 of Section 21 of the Penal Code.
(b) Mr. Rahman was appointed Minister by the Governor of the Province. So the sanction for the prosecution will have to be given by the Governor alone, but in the present case the sanction was not given by the Governor which has vitiated the trial.
(c) The Minister who was an adviser to the Governor as well as a representative of the people was the head of the Department who was to carry on the wishes of the people for the good of the country and to serve the ends of justice. If Mr. Rahman did something against the opinion of the Secretary, he had every right to do so. He was a Minister under the late Constitution and was not to bow down to the Secretary. Whatever he did, right or wrong (For arguments sake), he had the right to do so and nobody could question that.
(e) The offences with which the appellants were charged do never come under the ambit of the Act (Anti-Corruption Act) of 1947.
FRIENDSHIP DENIED
On point of facts, among others, it was submitted on behalf of the appellants that (a) both were never friends and it was absolutely bad to say that one was the friend of the other in the absence of any reliable evidence.
(b) The M/S Hasan Ahmed Ltd. got the Agency illegally in spite of the fact that M/S Coal Mining and Co. was the lowest tenderer. Moreover, there were complaints against the Hasan Ahmed Co. So after the appointment of Mr. Rahman as a Minister he cancelled the illegal one of Hasan Ahmed Co. and according to rule gave the agency to M/S Coal Mining Co. who was the lowest tenderer.
(c) Mr. Rahman only regularised the illegality and the question of calling fresh tender did not arise because all the tenders were before the Minster and he gave it to the lowest tenderer. Moreover, that was a mid-season.
(d) With regard to the Coking Plant at Darsana and the import of coal from India, it was submitted that it was a Central Government’s affair and came through the departmental procedure and Mr. Rahman only performed his duty as a minister approving the same and he knew nothing more in that matter.
Thus what Mr. Rahman did as a minister he did in good faith, without fear or favour to serve the best interests of the country and of justice. And so the question of misconduct and its abetment by the other appellant does not arise. Mr. A. Salam Khan, Mr. Serajul Huq, Mr. Humayun Kabir Chowdhury and Mr. Zahiruddin, Advocates, appeared on behalf of the appellants.
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