Graft Suspects Leaving Country: SC refuses to stay HC verdict calling for law on embargo

A chamber judge of the Appellate Division of Supreme Court  yesterday refused to stay a High Court verdict over formulating a law or rule regarding imposition of embargo on corruption suspects or accused from leaving the country.

"What is the issue with the High Court judgement that asked the Anti-Corruption Commission to take permission from the special judge's court for imposing embargo on any corruption suspect or accused leaving the country?" Justice Obaidul Hassan, chamber judge of the Appellate Division of the SC, asked.

The apex court judge put the question while hearing a petition filed by the ACC seeking stay on the HC.

He also sent the ACC's stay petition to the full bench of the Appellate Division for a hearing on April 5.

ACC's lawyer Khurshid Alam Khan told the apex court the commission faces difficulty if it has to take permission from the special judge's court for imposing embargo on any corruption suspect or accused leaving the country.

The inquiry or investigation against the corruption suspect or accused becomes "frustrated" if the ACC has to take permission from the court to impose embargo on the suspect leaving the country, he said.

Delivering verdict on a writ petition, the HC on March 16 observed that a specific law or rule is needed soon regarding imposition of embargo on corruption suspects or accused leaving the country.

There is no specific law or rule to ban people, against whom inquiries or investigations are underway in connection with corruption allegations or cases, from leaving the country. They have a right to free movement according to the constitution, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman said.

The HC bench came up with the judgement following a writ petition filed by one Ataur Rahman from Narsingdi challenging the ACC's action to restrain him from going abroad as a graft allegation against him was being inquired.

The HC declared the ACC's action illegal and allowed Ataur to go to Sweden where he lives with his family.

The ACC issued a notice on August 24, 2020, asking Ataur, known as Sweden Ataur, to submit his wealth statement to the commission.

After he submitted the statement, the anti-graft body started an inquiry into his wealth and on December 20 that year, the commission issued a letter to the immigration police to refrain Ataur from going to Sweden.

Ataur then filed the petition with the HC challenging ACC's action to prevent him from going abroad, Sarwar said.

The ACC on March 21 filed the petition with the Appellate Division seeking stay on the HC verdict.

Lawyers Prabir Neogi and Munshi Moniruzzaman appeared for the writ petitioner during virtual hearing of the ACC's petition.