ACC corruption cases: Govt cannot withdraw, or even ask for it

The High Court has ruled that the government can neither withdraw any corruption cases filed and moved by the Anti-Corruption Commission, nor can it recommend withdrawal of such cases from trial proceedings.

The ACC is an independent body as per the Anti-Corruption Commission Act 2004, the HC observed. The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the observation while delivering a short verdict last Thursday on a revision petition filed by the ACC involving this issue.

The government has reportedly recommended the withdrawal of over 7,000 criminal cases filed before the Awami League came to power.

ACC lawyer AKM Fazlul Hoque yesterday told The Daily Star that the HC bench endorsed his arguments that the trial proceedings of the ACC cases were conducted under the Criminal Law Amendment Act, 1958.

Under section 10(4) of the act, the cases of the ACC can be withdrawn by the trial courts only if there is written approval from the ACC.

The government cannot interfere in the question of running the trial of the ACC cases, he said.

The divisional special judge's court in Sunamganj on January 26, 2012 approved an application from the government to withdraw a corruption case filed against Md Abdul Kashem, chairman of No.4 Borodal Uttar Union in Taherpur upazila, and two others, he added.

The Sunamganj court also exempted the accused from the case proceedings. The case was filed with Taherpur Police Station on April 5, 2007 against the accused on charges of embezzling 17 bundles of government relief tin-sheet worth Tk 1.36 lakh.

On February 11, 2011 the home ministry recommended for withdrawal of the case.

The ACC filed the revision petition with the HC on November 19, 2014 challenging the Sunamganj court order.

Following the revision petition, a HC bench led by Justice M Enayetur Rahim issued a rule asking the state and the accused persons to explain why the home ministry recommendation for withdrawal of the corruption case should not be declared illegal.

The bench also ordered the three accused to surrender to the trial court concerned in four weeks in connection with the corruption case. The accused surrendered to the lower court concerned and were granted bail.

After hearing the pending rule, the HC on Thursday delivered the short verdict.

The details of the HC observation will be known when the full text of the HC verdict will be released, lawyer Fazlul Hoque said, adding that the government did not place any argument on the rule.