ACC can investigate if initial report is faulty

The Anti-Corruption Commission has every right and authority to conduct further investigation into any corruption case if the initial investigation report is found defective and not acceptable in the eye of law, the High Court observed in a full text of its verdict released yesterday.

"It appears from the preamble of the Anti-Corruption Commission Act, 2004 that an independent Anti-Corruption Commission has been created and established for the purpose of prevention of corruption and other corrupt practices in the country and for conducting inquiry and investigation of corruption and other specific offences and for matters identical thereto.

In order to fulfil the purpose and objects of the Anti-Corruption Act, 2004, the Commission is competent to take any action incidental or ancillary to the investigation including the further investigation in respect of the offences specified in the schedule of the Anti-Corruption Commission Act, 2004 if the initial report is found to be biased or otherwise incomplete or defective," the HC said in the full text of verdict.

The HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam had announced the verdict on February 25, 2019 on a petition filed by former BNP minister Aminul Haque, now deceased, who was an accused of Barapukuria coal mine corruption case along with BNP Chairperson Khaleda Zia and others seeking quashing of the case proceedings.

The ACC filed the case in February 2008 accusing 16 persons including BNP chief Khaleda Zia and 10 of her cabinet colleagues of taking Tk 159 crore in kickbacks on Barapukuria coalmine deal.

Following the petition by Aminul, the HC on September 2008 had stayed the trial proceedings and issued a rule asking ACC and the government to explain why the proceedings against him should not be scrapped.

In the full text verdict, the HC ordered the trial court concerned to conclude the trial of the case preferably within six months from the date of receipt of this judgement and order.

The HC judges said that the power of further investigation has also been given in the Code of Criminal Procedure (CrPC) which can be exercised under Section 173 of the said Code.

In the cases where police submits defective report as contemplated under Section 173 of the Code of Criminal Procedure, they have unfettered power and rights to further investigate the case to bring the offenders to book. In suitable cases the police can obtain order from competent magistrate or authority to further investigate the case for the purpose of collecting evidence, the HC bench said in the verdict.

ACC's counsel Khurshid Alam Khan told The Daily Star that the HC made the observations about the commission's power to further investigate the cases as Aminul Haque in his quash petition had challenged the ACC's decision to conduct further investigation into the case against him.

Previously, an ACC official has investigated into the same case and submitted a final report exempting the accused from the charges of the case, the ACC lawyer added.