State approaches HC afresh against Shah Alam

Dhaka, July 13 (bdnews24.com) ? The state counsels have prayed for fresh hearing on a tax-evasion case appeal petition on which the High Court has already voided sentencing Bashundhara Group chairman Ahmed Akbar Sobhan alias Shah Alam.

The High Court bench of justices M A Hai and Mohammad Rezaul Hasan on Wednesday heard the government petition on whether rehearing in the appeal could be allowed.

The court set Tuesday next for further hearing.

Alam had been convicted and sentenced to five years' rigorous imprisonment by a special court on Sept 30, 2008 for tax evasion.

The court had also fined him Tk 830 million and ordered confiscation of his company property worth about Tk 225 million.

Deputy tax commissioner of Circle-8 of the National Board of Revenue (NBR) Kabiruddin Mollah on Aug 13, 2007 filed the case against him for evading Tk 84.8 million in income taxes between the fiscal years 2004 and 2007.

The High Court on June 20 this year granted an appeal of Alam and scrapped his jail sentence.

Attorney general Mahbubey Alam on Wednesday made a petition for fresh hearing of the appeal.

Three lawyers of the Bashundhara chief ? barrister Rafiq-ul Haque, Anisul Haque and Ahsanul Karim ? argued that there was no scope for rehearing as per law.

Mahbubey Alam submitted the High Court verdict was verbal and the two justices were yet to sign on the verdict copy.

"The deputy attorney general was given no scope to submit during the hearing on the appeal. In this circumstance, we want to hold hearing on the appeal again."

Rafiq-ul said that there is no scope of review. "The justices did not sign in the verdict on the Seventh and 13th amendments to the constitution. The justices have gone on retirement. But is there any scope for rehearing in the amendments?" he questioned.

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