Some mistakes made ACC questionable

The High Court yesterday observed that some mistakes by the Anti Corruption Commission has made the entire institution questionable.

The ACC has done many good things, but made a couple of mistakes like conducting a flawed investigation or prosecuting the wrong person, the HC said.

The bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman made the observation while hearing a writ petition filed by a man seeking redress after he was wrongly prosecuted by the ACC.

The ACC's conduct is expected to be fair, the HC bench said.

If the commissioners and officials of the ACC disclose their (financial) details, its acceptance will increase, it said.

ACC lawyer Khurshid Alam Khan told the court that he would convey the message to the commission.

The ACC has admitted its mistake and takes responsibility for the incorrect investigation in the aforesaid case that led to the prosecution of an innocent man named Mohammad Kamrul Islam.

The commission is sorry and ashamed for the mistake, lawyer Khurshid told the HC bench.

Mohammad Kamrul's lawyer Minhazul Haque Chowdhury told the court that the investigation officer of the ACC was solely responsible for the incorrect investigation and prosecution of his client.

The ACC has been trying to shift the responsibility of wrong prosecution to the trial court just like it did earlier by shifting the responsibility of the wrong imprisonment of innocent jute mill worker Jaha Alam to the Brac Bank, he added.

He prayed to the HC to direct the ACC to properly compensate his client Kamrul.

The HC delivered its verdict scrapping the trial court verdict that convicted and sentenced Kamrul to five years in prison.

The HC also withdrew the conviction warrant issued against Kamrul and directed the ACC to initiate departmental proceedings against the officials responsible for the wrong prosecution.

The authorities concerned were directed to launch a further investigation into the original case.

The HC bench also directed the ACC to consider if victim Kamrul sought compensation from the commission.

The ACC has admitted to the HC through swearing an affidavit on January 24 that it made a mistake by conducting the investigation incorrectly and pressed charges of fraud against Kamrul.

Speaking to The Daily Star, the petitioner's counsel Minhazul Haque Chowdhury said in 2003, the then bureau of anti-corruption filed a case against one Kamrul, son of Abul Khair and Fatema Begum, from Noakhali's Paschim Rajarampur on charges of getting admitted to a college with a forged SSC certificate and mark sheet.

In 2013, the ACC submitted a chargesheet against Mohammad Kamrul Islam, son of Abul Khair and Rawshan Ara Begum from Purba Rajarampur, to the trial court concerned in connection with the case.

The following year, the trial court sentenced Kamrul to five years in prison each under three sections in the case on the basis of the ACC probe report. The court later issued an arrest warrant against him.

After examining the related documents and copies of the national identity cards of the two, the writ petition was filed with the HC in November last year, seeking necessary orders as law enforcers were allegedly harassing Mohammad Kamrul Islam, who is now an employee of a judicial magistrate court, lawyer Minhazul said.

The lawyer also said Mohammad Kamrul Islam was born in 1990 and the original accused Kamrul Islam was born in 1977.

The HC bench on November 5, last year, issued a rule, asking the authorities concerned to explain why the move to arrest Mohammad Kamrul Islam should not be declared illegal. It also directed the police not to harass or arrest him.

ACC lawyer Khurshid told The Daily Star that Kamrul had not served in jail for a day.