Bangladesh News

The High Court (HC) in recent weeks has stayed graft proceedings against more than 50 high profile corruption suspects including former prime ministers Khaleda Zia and Sheikh Hasina.

It has also granted bail to a number of political bigwigs including Jamaat-e-Islami Ameer Motiur Rahman Nizami, Awami League (AL) presidium members Syeda Sajeda Chowdhury and Tofail Ahmed, BNP leaders Salauddin Quader Chowdhury, MK Anwar, Redwan Ahmed, Dhaka City Corporation (DCC) Mayor Sadeque Hossain Khoka, MA Hashem, Nasiruddin Ahmed Pintu, Barisal City Corporation (BCC) Mayor Mujibur Rahman Sarwar, adviser to AL president and industrialist Salman F Rahman and former AL lawmaker Lotus Kamal.

Besides, the court has quashed charges against 12 people, mostly family members of the prime accused, on grounds that the Anti-Corruption Commission (ACC) did not issue to them notices asking for wealth statements.

Sources said lack of coordination between the government and the anti-graft body, and incompetence of the prosecution lawyers were the main reasons for the ACC’s poor performance at the HC.

Legal experts said the ACC suffered the setbacks at the HC mainly for failure of its officials to submit investigation reports within the stipulated 60 days since filing of the cases.

Besides, the anti-graft body could not properly sanction filing of the cases and issue gazette notifications on appointments of its investigation officers, contributing to its abysmal records at the HC.

ACC’s counsel Khurshid Alam Khan however said submitting an investigation report within 60 days was not mandatory for the ACC.

“When there would be detailed hearing at the Appellate Division or the High Court, the provision of 60 days would prove directory, not mandatory. And accordingly, the High Court orders granting bail to the accused and staying the graft proceedings would be vacated,” he said.

For instance, he said, the HC has already rejected a petition filed by AL President Sheikh Hasina for dismissal of the barge-mounted power plant graft case against her.

“She argued that as per section 6(A) of Criminal Law Amendment Act-1958, trial of a criminal case has to be completed within 60 days since a court’s taking cognisance of it. After hearing the details, the High Court rejected the petition since it found the provision of 60 days for completing trial proceedings was not mandatory,” added.

Khurshid said from now on the ACC should issue gazette notifications on the appointment of investigation officers on time and be more cautious in issuing notices to the graft suspects and their family members and giving its officials permission to file a case.

He also observed that the cases would have been running smoothly had the ACC counsels been more sincere, vigilant and efficient in convincing the court that the provision of 60 days for submitting the investigation reports was not mandatory.

Some 30 high profile political leaders including Sheikh Hasina, Abdul Jalil, Abdul Mannan Bhuiyan, Sheikh Fazlul Karim Selim, M Shamsul Islam, Altaf Hossain Chowdhury, Mirza Abbas, Mujibur Rahman Sarwar, AKM Rahmat Ullah, AHM Mostafa Kamal alias Lotus Kamal, Lutfozzaman Babar, Engineer Mosharraf Hossain, Salman Rahman, Ismail Hossain and Mirza Azam have filed petitions with the HC for bail as well as dismissal of the cases against them.

On July 21, an HC bench comprising Justice Sharif Uddin Chaklader and Justice Md Emdadul Haque Azad fixed July 27 for hearing the petitions following a time prayer by Attorney General (AG) Salahuddin Ahmed.

The AG told the HC that as per a ruling issued by the Appellate Division it could not hear the bail prayers of the accused in the criminal cases filed under the Emergency Power Rules.

To buttress his argument, he cited the apex court’s staying of five HC orders granting bail to the accused on July 20.

The HC bench asked the AG whether it could consider bail prayers of those without specific allegations against them. “Will the accused suffer in jail for years without trial if the investigation reports are not submitted within 60 days?” the court asked.

In reply, AG Salahuddin said he would make submissions interpreting these matters, but he needed time for that. The court then adjourned hearing on the petitions.