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Download PDF More than 200 graft cases filed by the anticorruption commission (ACC) and National Board of Revenue (NBR) against some high profile politicians, businessmen and others have been challenged on different grounds with the High Court (HC) division of the Supreme Court (HC).
Most of the cases were filed against them on charges of amassing illegal wealth, concealing information of resources, taking bribes and evasion of income taxes.
ACC counsel advocate Khursid Alam Khan recently told The Daily Star that the ACC has filed all the graft cases on the basis of documents and papers and most of the co-accused people, who are charged for abetting the main accused of the cases in committing corruption are getting bail in the cases.
“It is not correct that there is an allegation that the ACC maintains pick and chose policy in arresting the accused in the grafting cases. Many accused are freely moving, but the ACC doesn’t instantly arrest them,” he said.
Trial proceedings of the corruption case are pending with 12 special judges’ courts set up at Jatiya Sangsad Bhaban complex. At least 60 cases are running in these courts at this moment.
According to sources, about 100 accused of the cases have been convicted in some cases. Over 60 convicts are in jail and the rest are absconding. In 50 cases, wives and children of accused, have been involved on charges of aiding and abetting them in accumulating illegal wealth.
Upon different appeals, the co-accused, mainly the wives and daughters of the main accused, are getting ad-interim bails in the cases from the HC.
Concerned lawyers said that the accused challenged the cases by filing writ petitions with he HC on the grounds that the ACC has not followed due process of law in issuing notices asking their wealth statements, has not completed the investigation process in the due time and the ACC cannot give sanctions for placing the cases under emergency power rules (EPR).
For an example, former prime minister Sheikh Hasina had filed a writ petition with the HC in August, 2007, challenging the legality of the ACC notice asking her wealth statement. After a long hearing, the HC, on November 21 last year, delivered a verdict declaring the ACC notice to Hasina illegal.
A number of accused, including another former prime minister Khaleda Zia later had filed writ petitions with the HC challenging the ACC notices asking for their wealth statements.
Following the HC judgement, fates of more than 200 graft cases filed by the ACC on the basis its notices to corrupt suspects became uncertain.
The ACC filed appeal with the Supreme Court against the HC judgment. After hearing arguments and submissions from counsels of both sides of the case, the Supreme Court on March 13 last cancelled the HC verdict in this case.
The same day, attorney general Fida M Kamal, who moved for ACC in the apex court, said following the SC verdict, the future of the graft cases became out of fear.
Hearings of the rules issued by the HC in similar writ petitions are not being held, since the certified copy of the Appellate Division judgement was yet to be published.
According to the lawyers, few accused filed petitions with the HC on the grounds that trial courts has not completed the trial proceedings within stipulated 60 days after the trial court had taken the case into cognizance. That is why the proceedings of the cases should be quashed.
Sheikh Hasina, on May 11 this year, filed a writ petition on the same ground with the HC for quashing the proceedings of Barge Mounted Power Plant corruption cases against her. But, the HC rejected her petition on the ground that 60 days’ period for completing the trial proceedings is not mandatory.
Sources said that in most of the graft cases, which were filed after the takeover by present caretaker government on January 11, 2007, the HC has stayed proceedings of the cases and also issued rules upon the ACC to explain the filing of the cases against accused.
As per rules 10 of Anti Corruption Commission (ACC) 2004, the investigation report of each graft case will have to be submitted to the court, within 60 days after filing of the case.
According to the rules, “If any investigation officer (IO) cannot submit the investigation report, he or she will have to explain in this regard to the ACC. If the IO cannot satisfy the ACC, the graft watchdog can take departmental action against the IO)”.
Detained Awami League leader Obaidul Kader filed three writ petitions with the HC challenging three bribery cases filed by ACC against him. The HC stayed the proceedings of the cases. The SC recently vacated the HC orders and cleared the way for trail against Kader.
The NBR filed the case, accusing the former state minister of evading over Tk 3.80 crore in income tax from 1999 through 2007.
Upon a writ petition filed by Tuku on December 5 last year, the High Court declared null and void the tax evasion case against him.
The Supreme Court, on May 20 last, revoked the High Court judgment that declared illegal the tax evasion case filed by the National Board of Revenue (NBR) against former state minister for power Iqbal Hassan Mahmood Tuku.
Endorsing an appeal filed by NBR, Appellate Division delivered the verdict clearing the way for continuing trial proceedings of the case.
At least 20 tax evasion cases have been pending with the HC now, sources said.
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