The High Court has ruled that the government cannot make any recommendation to withdraw or withdraw any corruption case filed by the Anti-Corruption Commission (ACC) if it wants to. This power was not given to the government as per the ACC law. However, the Home Ministry had recommended dismissal of a case filed against one person for stealing five tins. On the basis of which the Sylhet Special Judge's Court ruled in 2012 to withdraw the case. The High Court on Thursday ruled that the government did not have the power to dismiss the ACC case.
Justice M. A High Court bench comprising Justice Enayetur Rahim and Justice Mostafizur Rahman passed the order. The verdict said there was no legal opportunity for the government to intervene in the ACC case. Lawyers say the ACC's power has been well-established with the High Court ruling.
Dr Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), told Samakal, “The verdict is very positive. Was expected. I hope the government will abide by it. We think that the judicial process should be allowed to proceed on its own. This is important for any democratic state.
Prominent lawyer said. Shahdin Malik told Samakal, “The High Court verdict is very positive for the ACC. As a result of this verdict, even if the government withdraws the criminal case for political reasons, the corruption cases will not be able to withdraw now. Only the ACC will decide to withdraw the case filed by the ACC alleging corruption.
ACC lawyer Mohammad Khurshid Alam Khan said, 'The landmark verdict. As a result of this verdict, a message has been given to the government that no intervention can be made in the ACC case. The law also did not allow the government to intervene. This has been re-established in the final judgment of the High Court.
During the tenure of the previous caretaker government in 2007, cases were filed against political leaders, businessmen and people from different walks of life. The validity of many cases filed then also came into question. After the Awami League government came to power in 2009, the Home Ministry recommended the withdrawal of numerous cases, including criminal ones. These cases were withdrawn under Section 494 of the Criminal Procedure Code.
Then there was the case filed by the ACC in the list of recommendations. It was said that these cases were politically motivated and motivated. Although many criminal cases were withdrawn after that, legal questions arose in the cases filed under the special law of the ACC. As a result, the withdrawal of those cases of the ACC remained suspended. But even then in 2011 the then chairman of the 4th Baradal Uttar Union Parishad of Tahirpur upazila of Sunamganj Md. The Home Ministry has recommended the withdrawal of five tin theft cases against Abul Kashem. The ACC office in Sylhet also recommended its continuation. On the basis of the recommendation, the Special Judge's Court of Sylhet ruled on July 26, 2012 to withdraw the case.
According to the details of the case, a revision application was filed in the High Court on November 19, 2016 by the ACC following the order of the Judicial Court. The application states that the process by which the case was withdrawn did not comply with the law. According to Section 10 (4) of the Criminal Law Amendment Act, 1958, the word 'commission' is written in the law in place of government. The High Court later ruled on March 27 next year to hear the appeal. Following this, the High Court gave its verdict on the final hearing of the rule on December 10.
Lawyer AKM Fazlul Haque appeared for the ACC in the court. On the other hand, lawyer SM Shahjahan was in favor.
