HUSSAIN MOHAMMAD ERSHAD Vs. STATE

JUDGEMENT

(1.) Accused Nos. (1) Hussain Mohammad Ershad (appellant in Criminal Appeal No.1132 of 1993), (2) MM Rahmatullah (appellant in Criminal Appeal No.1101 of 1993), (3) Rawshan Ara Begum alias Rawshan Ershad (Appellant in Criminal Appeal No.1034 of 1993), (4) MA Sattar, (5) Md Mozhar Hossain and (6)Kafiluddin Ahmed (the three appellants in Criminal Appeal No.1133 of 1993), (7) Sarwar Habib Sinha (appellant in Criminal Appeal No.1165 of 1993), (8) Abdul Shukur Prodhan, (9) Lovely Begum, (10) Shahinoor Islam, (11) Md Shafiqul Islam, (12) Md Jahangir Alam, (13) Abraham Purification, (14) Md Sekandar Hossain and (15) Md Khalilur Rahman (the eight appellants in Criminal Appeal No.1131 of 1993), (16) Abdul Wadud Khan (appellant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case No.11 of 1992.

(2.) The charge against the accused No.1 is that he abused his position as President of Bangladesh and obtained pecuniary advantage for his wife accused No.3 Rawshan Ershad and thereby committed an offence of misconduct under section 5(1) (d) of the Prevention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby committed an offence under section (91)(e) of the said Act of 1947.

(3.) Charge against accused No.2 is that he abused his power as Chairman of Rajdhani Unnayan Kartipakha, briefly RAJUK, and obtained pecuniary advantage for the co-accused and thereby committed an offence under section 5(1) (d) of the said Act of 1947.