The High Court on Wednesday asked the Anti-Corruption Commission why it filed no appeal against a High Court verdict that quashed the proceedings in the Niko graft case against prime minister Sheikh Hasina on March 11, 2010.

The bench of Justice Mustafa Zaman Islam and Justice Md Aminul Islam posed the question to ACC lawyer Khurshid Alam Khan while hearing a petition filed by Bangladesh Nationalist Party chairperson Khaleda Zia for quashing the Niko graft case proceedings against her.

Khaleda, who was sentenced to imprisonment for varying term in Zia Orphanage Trust case and Zia Charitable Trust case, is at her Gulshan house after her release from jail on an executive order.

Khaleda’s lawyer Kayser Kamal argued that the Niko case proceedings against the BNP chairperson could not continue as the High Court scrapped the proceedings in separate case filed against Sheikh Hasina on charge of corruption in leasing out gas fields to Canadian company Niko Resources Ltd.

The ACC did not appeal against the High Court verdict, Kayser added.

He said that the commission filed both of the Niko graft cases on December 9, 2007.

Replying to the High Court query, ACC lawyer Khurshid Alam said that the proceedings in Niko case against Hasina and Khaleda were not similar as the High Court observed in the verdict quashing the case against Hasina.

Khurshid further said that the issue had earlier been raised to the Appellate Division at the time of hearing on Khaleda’s another appeal against the High Court verdict clearing the way to continue the proceeding in the Niko case against her.

The Appellate Division on November 24, 2016 upheld the High Court verdict declaring Niko graft case against Khaleda ‘legal’, with the observation that the High Court had rightly scrapped the Niko graft case against Hasina, argued Khurshid.

He said that the ACC did not appeal against the High Court’s verdict regarding Hasina’s acquittal in Niko case as the finding of the Appellate Division was binding upon other courts.

The High Court adjourned the hearing until August 14 as Kayser Kamal sought time stating that his senior AJ Mohammad Ali would make arguments on the day.

The Dhaka Special Judge Court 9 on March 19 framed charges against Khaleda and seven others in the Niko case.

The judge is scheduled for August 22 for recording deposition of prosecution witnesses in the case.

The commission on December 9, 2007 filed the case accusing Khaleda, also former prime minister, and four others of causing a loss of Tk 13,777 core to the state exchequer by signing an oil and gas exploration agreement with Canadian company Niko Resources Limited during the BNP rule.

The commission on the same day also filed a case accusing Awami League president Sheikh Hasina, now prime minister, and six others of causing Tk 13,630 crore loss to the state exchequer and abusing power by awarding contracts on three ‘abandoned’ gas fields in Chhatak, Kamta and Feni to Niko Resources Ltd during the Awami League rule in 1996–2001.