A Dhaka court yesterday threw away an attempted murder case against immediate past president Iajuddin Ahmed, former chief adviser Fakhruddin Ahmed, ex-army chief Moeen U Ahmed, and four others.

The defendants were accused of attempting to kill Prime Minister Sheikh Hasina by "slow poisoning" in a sub-jail during the state of emergency under the immediate past caretaker government.

Metropolitan Magistrate AKM Emdadul Haque dismissed the case just hours after BNP Standing Committee Member Salauddin Quader Chowdhury filed it.

In his order, the magistrate said the complainant filed the case against a former president, although no criminal charge can be brought against any president of the country, according to the provisions of the constitution.

The complainant was also not delegated by Sheikh Hasina to file any case against any people for committing the alleged offences. Moreover, according to the constitution, allegations of criminal acts discussed in the parliament cannot be brought to a court for trial, the magistrate said dismissing the case.

Bangladesh High Commissioner to Australia Lt Gen Masud Uddin Chowdhury who was the chief coordinator of the National Coordination Committee against Corruption and Grievous Crimes during the state of emergency, and the then inspector general of prisons Brig Gen Zakir Hassan were also accused in the case.

The other two accused were named as Brig Gen ATM Amin, and Brig Gen Bari, the whereabouts of whom could not be ascertained immediately.

Sheikh Hasina and seven others were made witnesses in the case.

In his complaint, SQ Chowdhury said the poisoning took place sometime between July 16, 2007 and June 11, 2008 while Hasina, also the Awami League chief, was detained in a sub-jail at the parliament complex.

On March 11 this year, the prime minister in the parliament alleged that efforts had been made to kill her by mixing poison with her food, during her incarceration.

She also told the House that the "slow poisoning" caused serious problems to her eyes.

In the case yesterday, SQ Chowdhury claimed although Hasina brought allegations against the immediate past caretaker government in the parliament, no police station took any initiative to file a case. The home ministry also did not take any step against the perpetrators of the crime, he added.

The complainant further said as the law enforcing agencies had failed to protect the life and properties of citizens, he as a member of the parliament, could not ignore the attempt to kill Sheikh Hasina. So, he filed the case against the alleged perpetrators to protect the life of the prime minister.

The complainant also appealed the court to issue arrest warrants against the accused.