Niko graft case filed to politically harass Khaleda: Judge

While pronouncing the verdict acquitting Khaleda Zia and seven others in Niko graft case, the judge observed that the case was filed with the intent to politically harass the accused.

Citing a lack of evidence, Judge Md Rabiul Alam of Dhaka's Special Judge's Court-4 delivered the verdict today (19 February), stating that the prosecution failed to substantiate the charges against the accused, leading to all of their acquittal.

The main accused in the case, Khaleda Zia, could not appear in court as she is abroad for medical treatment. She was represented in court by her lawyer Mohammad Ziauddin Zia. The other accused, who are out on bail, were present in court.

In his observation, Judge Md Rabiul Alam also said a similar case was also filed against former Prime Minister Sheikh Hasina, but that case was not continued as well. However, a full trial of this case was held.

At 11:24am, the judge entered the courtroom to announce the verdict. The judge stated that if an accused appears through their lawyer, they can still present their defense in their absence, and a verdict can be given accordingly. The verdict is being delivered in line with this procedure.

Khaleda Zia, all others acquitted in Niko graft case

The court noted in its observation that one of the accused, Selim Bhuiyan, made a confessional statement in this case. Before making the confession, he was on a four-day remand. During this period, he was physically and mentally tortured to obtain the confession. Later, he requested to withdraw his statement, claiming that he had been subjected to both physical and mental abuse.

The case is registered with Tejgaon Police Station, but he (Selim Bhuiyan) was kept at Gulshan Police Station. After being tortured there, he fell ill and was transferred to the Rajarbagh Police Line Hospital for treatment. The prosecution denies this, claiming they were not informed of it, the court observed.

However, records show that he was admitted to the Rajarbagh Police Line Hospital, and the outpatient ticket is also on record. Medicines were purchased for him from outside, and receipts for the purchases exist, the observation added.

Judge Md Rabiul Alam said, "Selim Bhuiyan was tortured during remand to forcefully obtain a 164 statement. Therefore, this statement under section 164 cannot be considered truthful. The purpose of this was to implicate Gias Uddin Al Mamun, Kashim Sharif, and others through coerced confessions.

"It is clear that this case was filed to politically harass the accused, including former Prime Minister Khaleda Zia. As a result, all the accused have been acquitted," he said.

Khaleda Zia, who was under house arrest since 2018, is currently in London undergoing medical treatment after receiving a presidential pardon for her punishments in August 2024.

The seven others acquitted include former acting secretary of the energy ministry Khondaker Shahidul Islam, businessman Giausuddin Al Mamun, International Travel Corporation chairman Selim Bhuiyan, former senior assistant secretary CM Yusuf Hussain, ex-principal secretary Kamal Uddin Siddiqui, former Bapex general manager Mir Moynul Haque, and former Niko South Asia regional president Kashem Sharif.

Meanwhile, BNP Standing Committee member Barrister Moudud Ahmed, former state minister for energy AKM Mosharraf Hossain, and former Bapex secretary Md Shafiur Rahman were exempted from the case following their deaths.

In December 2007, the ACC filed a case against Khaleda Zia and four others over allegations of corruption and financial losses to the state through an opaque agreement with the Canadian company Niko.

Later, in May 2018, the ACC submitted a charge sheet against Khaleda Zia and 10 others, accusing them of causing financial losses amounting to around Tk13,777 crore to the state.

With today's ruling, the BNP chief has been cleared of all cases filed against her, including the Zia Orphanage Trust and Zia Charitable Trust corruption cases initiated during the caretaker government in 2007 and under the Awami League government.