A court has ordered the start of trial proceedings against Awami League Advisory Council member and veteran politician Tofail Ahmed, along with two others, in a case involving the embezzlement of Tk 12.5 million filed more than two decades ago.
On Thursday, Dhaka Divisional Special Judge Begum Shamima Afroze ordered the framing of charges. Anti-Corruption Commission (ACC) prosecutor Ishtiaq Ahmed said that the court has set June 22 for recording witness testimonies in the case. The other two accused are Mohammad Anwarul Islam and Mosharraf Hossain. Among the three accused, Mosharraf Hossain appeared before the court while on bail. Arrest warrants remain in effect against the other two, who are currently absconding. Thursday had been scheduled for the hearing on charge framing in the case. ACC prosecutor Ishtiaq said, "We presented arguments on behalf of the ACC regarding the framing of charges.
The lawyer for accused Mosharraf Hossain, who is on bail, argued for his discharge from the case.
"As the other two accused are absconding, they could not participate in the hearing. Later, the court ordered charges to be framed against all three accused."
The court also accepted for record an application seeking a mental health examination of accused Tofail Ahmed.
Earlier on Tuesday, his lawyer Khair Uddin Sikder submitted the application, informing the court about Tofail Ahmed's illness.
The application stated, "Tofail Ahmed has long been ill and is undergoing treatment in the intensive care unit (ICU) of Square Hospital. Therefore, he could not appear before the court. In reality, Tofail Ahmed cannot recognize anyone.
"He has lost his memory. He is physically incapable of appearing in court and participating in the legal proceedings. He is suffering from mental illness and memory loss."
The court had fixed Thursday for issuing an order on the matter.
Regarding this issue, ACC prosecutor Ishtiaq said, "The court asked Tofail Ahmed's lawyer to proceed according to proper legal procedure. The court observed that the case is very old and must move forward."
The case was filed in 2002 by then Anti-Corruption Bureau Inspector Kazi Shamsul Islam on charges of embezzlement.
According to the case statement, Tofail Ahmed abused his power and, with the help of associates, transferred and withdrew illegally acquired funds amounting to Tk 12.5 million in order to conceal the money. In collusion with Mohammad Anwarul Islam, chief accountant of Madonna Advertising Limited, and Mosharraf Hossain of Bhola, a total of Tk 12.5 million was transferred at different times from the Motijheel Corporate Branch of Sonali Bank.
After the investigation, charge sheets were submitted against the three accused.
However, after the Awami League government came to power, proceedings in the case remained stayed for a long period following an order from the High Court. After the recent political changeover, the High Court's stay order was withdrawn, allowing the case proceedings to resume.
Tofail Ahmed, a frontline figure in the 1969 mass uprising and the 1971 Liberation War, has been undergoing treatment at Square Hospital in Dhaka for a long time.
A family member said that Tofail Ahmed has been using a wheelchair for the past several years. Due to a stroke, one side of his body became paralyzed. As his left arm and leg became numb, he lost the ability to move independently.
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