Pakistan Observer
22nd June 1961
COAL AGENCY CASE
Mujib Had Good Intentions, Says Defence Counsel
By Our High Court Correspondent
Mr. Justice Asir and Mr. Justice Ali of the Dacca High Court yesterday (Wednesday) started hearing the appeals preferred by Mr. Sheikh Mujibur Rahman, former Provincial Minister and General Secretary of the now defunct Provincial Awami League and Mr. Q. A. Naser against their convictions and sentences by Senior Special Judge, Dacca.
Mr. Mujib was convicted for criminal misconduct in obtaining pecuniary gain for his friend (Naser) by abusing official power as a Minister, and Mr. Naser was convicted for its abetment. They were sentenced on Sept. 12 last year to simple imprisonment for two years each and a fine of Rs. 5000 each, in default to suffer simple imprisonment for a further term of six months each.
COAL IMPORT
The case was that in pursuance of a tender notice on January 8, 1955 issued by the Director of Consumer Goods and Fuel for producing and handling coal imported from India 21 tenders were received. From amongst these 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., also applied but his application was rejected. It was alleged that Mr. Naser (alleged friend of Mr. Mujib) approached Mr. Mujib, when the latter became Provincial Minister, in connection with the aforesaid agency.
NO FRESH TENDER
It was also alleged that Mr. Mujib cancelled the agency of M/S Hasan Ahmed Ltd., and gave the same to the firm of Mr. Naser, without inviting any fresh tender. Mr. Mujib further granted permission to Mr. Naser’s firm to set up a coke manufacturing plant at Darsana and also to import 500 tons of hard coal for the use of the firm despite objections by the Departmental Secretary.
Both the appellants pleaded innocent. The defence put forward by Mr. Mujib was that whatever he did in connection with the agency was in good faith for the best interest of the country and was intended to save the ends of Justice. He also denied any relation with Mr. Naser.
BACKGROUND
Explaining the circumstances which led to the cancellation of the agency of M/S Hasan Ahmed Ltd., the defence stated that this firm at the outset got the agency illegally and by suppression of facts in spite of the fact that M/S Coal Mining and Trading Co. (Pak) Ltd., (Naser’s firm) was the lowest tenderer, also who were expert in the line. Moreover, there were complaints against the M/S Hasan Ahmed Co. Therefore, after the appointment of Mr. Mujib as a Minister he cancelled the illegal one of M/S Hasan Ahmed & Co. and according to rule gave the agency to M/S Coal Mining Co. who was the lowest tenderer.
The appellant Mr. Naser’s defence was that he was never a friend of Mr. Mujib nor had he approached him any time. So the question of abetment did not arise at all.
DEFENCE ARGUMENT
Mr. Suhrawardy yesterday (Wednesday) tried to impress upon Their Lordships that whatever Mr. Mujib did as a Minister in this connection was with an honest intention in order to expedite and facilitate the Industrialisaton of the Province and thereby to save foreign exchange. It was only Mr. Naser’s company which was carrying on business in coal which was evident from the very name of the company itself and was supplying coal to the Government. On the other hand, M/S. Hasan Ahmed was a stranger in this business and got agency by illegal means, he said. He also said that there were complaints from all over the Province against the supply of coal by M/S. Hasan Ahmed. This coal was alleged to be of bad quality and short in weight.
Mr. Mujib after being Minister cancelled the alleged illegal agency of M/S Hasan Ahmed and gave it to Naser’s Company, as it was expert in the line. Moreover, in order to save foreign exchange a coke manufacturing plant was granted to Mr. Naser’s Company. So, to ensure efficiency and convenience, Mr. Naser’s Company was given agency. So it would be better for one to deal with both import and production. The idea was when gradually production would increase, import will fall.
Mr. Suhrawardy also submitted that such cancellation of M/S Hasan Ahmed’s agency was not illegal, as the ‘give and take’ of the agency was absolutely the discretion of the Government. In a similar manner one Mr. Azad Khan’s agency was terminated in 1955 and Mr. Naser’s agency was terminated in 1958. So, there was no irregularity in the action.
ANOTHER PETITION
Another revisional application also came up for hearing before Their Lordships on behalf of Mr. Ruhul Quddus, CSP the then Director of Industries, Government of East Pakistan. Mr. Quddus was prosecution witness in the case. In the judgement the learned Special Judge made some advers remarks about the veracity and demeanour as a witness, it was stated.
Mr. Quddus prayed for the expunction of those portions from the judgment.
Mr. Suhrawardy with Mr. Humayun Kabir Chowdhury appeared for Sheikh Mujibur Rahman.
Mr. Hamidul Huq Choudhury with Mr. Kamaluddin Husain assisted by Mr. Arhamuddin Sidduqui will appear for Mr. Quddus.
Mr. A. Salam Khan with Mr. Serajul Huq appeared for Mr. Naser.
Mr. Azizuddin Ahmed with Mr. A. W. Mallik appeared on behalf of the state.
The hearing will resume today (Thursday) at 10–30 a.m.
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