Internet Edition. March 14, 2008, Updated: Bangladesh Time 12:00 AM 
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SC validates ACC action against corrupt suspects: High Court judgement set aside, proceedings of 200 corruption cases will go ahead : Hasina loses legal battle, Stay on ACC notice

Hasina & Khaleda

Staff Reporter



The Appellate Division of the Supreme Court yesterday set aside the High Court verdict, which had declared illegal the ACC notice asking detained former Prime Ministers-Sheikh Hasina and Begum Khaleda Zia--to submit her wealth statement upon separate appeal filed by the Anti-Corruption Commission (ACC).

The 7-member full bench of the Appellate Division chaired by Chief Justice M Ruhul Amin passed the orders, removing all legal barriers to operate the ACC Act on issuing notice asking any corruption suspect to submit his/her wealth statement.

The full text of the judgment of the full hierarchy of the highest Court of law is expected to be available within a day or two

The Appellate Division at the same sitting, upon a separate appeal, also vacated the High Court interim orders that had stayed operation of the ACC notices asking another detained former Prime Minister Begum Khaleda Zia and three other former ruling politicians to submit their wealth statements.

The three others are--Awami League (AL) Presidium member Syeda Sajeda Chowdhury, BJP leader Naziur Rahman Manjur and former BRTC Chairman Toimur Alam Khandaker of the BNP.

As a result, the ACC is now free to proceed with the stalled wealth-statement cases, numbering over 200.

Earlier, the High Court, following petitions, had passed the interim orders of stay on different occasions while issuing rule upon the ACC to explain why its action should not be declared illegal.

Reacting to the apex-court orders, Attorney General Barrister Fida M Kamal, who represented the ACC in the cases against high-profile corruption suspects, told journalists that the Supreme Court judgment that validated the ACC action removed all obstacles for future proceedings of over 200 pending high-profile corruption cases.

He said, "The Appellate Division judgment is not only the victory for the ACC but also for national aspiration against corruption."

Barrister Rafique-ul Huq, the Chief Counsel for both the former premiers-Begum Khaleda Zia and Sheikh Hasina-said the highest court's judgment "should be accepted by all, whatever the fallout is."

A senior lawyer, who earlier decided not to defend high profile corruption suspects, including Begum Zia nor Sheikh Hasina, in any of Court of law told this Correspondent last night that the landmark judgment would help the nation's endeavour to free the country of corruption and highhandedness.

AL President Sheikh Hasina had filed a writ petition challenging validity of the ACC action. On November 21 last year, when the High Court in its judgment on the writ declared illegal and without lawful authority the ACC notice as it did not conform to the rules prescribed under the ACC Act.

On July 17 last year, a day after her arrest in an extortion case amid a crackdown in the interim period on former ruling politicians, the ACC, through the jail authority, served notice on Sheikh Hasina, also the President of the AL, to submit her wealth statement.

The notice was issued as part of the anti-graft watchdog's initiative to find whether there is any ground for filing graft case against her.

Despite challenging in the High Court the ACC order, she had submitted her wealth statement to the Commission.

But BNP Chairperson Begum Zia, however, did not abide by the ACC notice.

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