After about 10 long years of trial proceedings, the verdict in the Zia Orphanage Trust Corruption Case against BNP Chairperson and former prime minister Khaleda Zia will be made public today.
In the last 10 years, the BNP had filed time petitions for more than 200 times. More than five writ petitions were filed in the higher courts to quash the case, change of court and other issues.
The Anti-Corruption Commission (ACC) filed a case of misappropriation of charity funds of the Zia Orphanage Trust on July 3 in 2008 against Khaleda Zia, her son Tarique Rahman, and four others on charges of embezzling over Tk 2.1 crore. The others were a nephew of the accused Mominur Rahman, businessman Kazi Salimul Haque, an ex-MP of BNP Sharfuddin Ahmed and Syed Ahmed. The case was filed by the army-backed caretaker government not the ruling party.
After investigation of ten months, Assistant Director Harun Or Rashid of ACC filed the Zia Charitable Trust Graft Case on August 6 in 2011 accusing four people including Khaleda on charge of abusing power in setting up the Zia Charitable Trust.
The court received the case in September 2007 and completed the proceedings in 236 working days, according to the prosecution.
After five years a special tribunal in Dhaka on March 14 framed charges against BNP chairperson Khaleda Zia.
In the last 10 years to complete the trial process the BNP filed time petition for more than 200 times. More than five writ petitions were filed in the Higher Courts to quash the case, change of court and on other issues.
The argument for this case continued for 16 days. At least five lawyers argued in favour of Khaleda Zia and three for other accused. The court recorded a total of 36 witnesses of Zia Orphanage Trust Graft Case in the last three years until February 12 of 2017.
According to the case documents, the then Prime Minister Khaleda Zia (1991-1996) opened an account in the name of "Prime Minister's Orphanage Trust" with the Ramna branch of the Sonali Bank.
On June 9 in 1991, US$126,000 (Tk 44,481,216) was deposited in the account from the United Saudi Commercial Bank, but the money was not spent for any orphanage in between June 9 and September 5 of the same year, it said.
The Zia Orphanage Trust was set up by Khaleda's two sons and a nephew. It was registered on September 5 in 1993.
A total of Tk 23,333,500 was given to the Trust on November 13 in 1993, to establish an orphanage in Bogra, according to the FIR.
The money was deposited in the Trust account on November 15 that year and Tk 4 lakh was withdrawn from it on December 4, the FIR stated.
Later, the money was transferred to the accounts of two other accused - the then BNP lawmaker, Kazi Salimul Haque, and businessman Sharfuddin Ahmed.
According to the prosecution, the Amir of Kuwait in 1991 had sent the money to prime minister's orphanage fund, which is a public fund.
But the money was transferred to Zia Orphanage Trust, a private fund, and the accused misappropriated the money by transferring the amount from a public fund to a private one, it said.
The defence counsels, however, said Kuwait had sent $126,000 to a private fund to build an orphanage in memory of late president Ziaur Rahman.
During the regime of the BNP led government in 1991 a savings account number 5416 was opened in favour of the then "Prime Minister's Orphanage Fund" with Sonali Bank, Ramna Branch.
On June 9 in 1991, United Saudi Commercial Bank of Saudi Arabia sent around 1.25 million dollars that is almost Tk 4.5 crore to this account. No part of this fund was utilised for charity for the next 2 years.
On different dates in 2006, namely April 12, June 15 and July 4, a total amount of Tk 3.30 crore was withdrawn with joint signatures of Tarique Rahman and Mominur Rahman and subsequently transferred to an FDR account in Prime Bank, Gulshan Branch.
Another accused, businessman Kazi Salimul Haque, an ex-MP of BNP who was in no way legally connected with Zia Orphanage Trust, opened an FDR of Tk 50 lakh in his name. Later, he opened two other FDRs in his name in the same branch, amounting to Tk 2 crore.
One FDR account of Tk 1 crore was opened in the name of Sayed Ahmed who is the son of another accused Sharfuddin Ahmed. Kazi Salimul Haque and Syed Ahmed also opened another joint FDR account of Tk 1 crore. Syed Ahmed expired and these FDRs were transferred in the name of Giasuddin Ahmed.
A few days later, Giasuddin Ahmed dissolved his FDR and paid the amount in six pay orders to Sharfuddin's account. Sharfuddin withdrew Tk 2 crore 10 lakh 71 thousand and 643 from his account. Anti Corruption Commission's investigation reveals, Kazi Salimul Haque was a debtor to Sharfuddin Ahmed for the same amount. This fund was actually transferred from Zia Orphanage Trust.
There was no further activities on this issue for long 13 years. Till April 11 of 2006, accrued interest made the account Tk 3 crore 37 lakh 9 thousand 757.
Of the accused, Khaleda is now on bail while Salimul Haque and Sharfuddin are behind bars. Tarique, also the senior vice-chairman of BNP, Ziaur Rahman's nephew Mominur Rahman and former principal secretary Kamal Uddin Siddique are absconding.
