The Appellate Division of the Supreme Court on Monday upheld the High Court (HC) order to grant bail to former trustee of North South University (NSU) Mohammad Shahjahan in a graft case lodged last year.

A three member justice bench led by Chief Justice Hasan Foez Siddique passed the order after hearing, said the accused’s counsel Barrister Sayeed Ahmed Raja.

He said now there is no legal barrier to walk out of jail  for his client after the Appellate Division upheld the HC order. Anti-Corruption Commissioner (ACC) lawyer Khurshid Alam Khan represented the state in the hearing.

On May 5 last year, ACC Deputy Director Md Farid Ahmed filed a case accusing six people including Shahjahan for swindling Tk 3030.82 crore in the name of purchasing land for NSU.  

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The other accused are - NSU trustee board chairman Azim Uddin Ahmed, members- Benajir Ahmed, MA Kashem, Rehana Rahman, Ashaloy Housing and Developers Amin managing director Md Hilaly, its chairman Omar Faruk and directors- Anwara Begum and Syed AK Haque.

On May 22, the High Court rejected an advanced bail of four out of the six accused and handed them over to the police.

December 14, the HC granted bail to Shahjahan on two conditions—not to leave the country and go to the university campus without permission.  

Later, the ACC moved the Appellate Division to stay the HC order. The chamber judge stayed the HC order and sent it to a regular bench of the Appellate Division for hearing.

As per the schedule, the Appellate Division granted the bail rejecting the petition filed by the ACC on Monday.  

According to the Private University Act, 2010, the board of trustees is the highest governing body of a private university like NSU. According to the Memorandum of Association and Articles (Rules and Regulations) of the University, the university is a charitable, welfare oriented, non-commercial and non-profit educational institution.

The case stated that over 9,088 decimal land was bought in the name of campus development of NSU through the consent of some members of the board of trustees bypassing the approval of the university syndicate, the University Grants Commission, and the Ministry of Education.

The accused later withdrew cash from the buyer through cheques in their own names and kept FDR in their own names. Later, they themselves embezzled the FDR money.