The New Nation - Internet Edition

UNB, Dhaka

The High Court yesterday declared valid the Anti-Corruption Commission rules and procedures in filing graft case against a suspected corrupt, as the HC discharged one from a heap of pending quashing petitions of bigwigs.

Among the petitioners are the two former Prime Ministers-Sheikh Hasina and Khaleda Zia-who were both arrested under a clean-up drive launched by the post-1/11 interim regime and recently came out from incarceration.

A division bench comprising Justice M Anwarul Haque and Justice Farah Mahbub passed the judgment discharging the quashing petition filed by former Awami League lawmaker Habibur Rahman Mollah, who had challenged the legality of the case against him by citing procedural flaws.

In October last year, the Anti-Corruption Commission filed the case with Ramna police station against the former Awami League lawmaker from Dhaka-4 (Demra) constituency for illegally amassing wealth worth over Tk 2 crore and concealing information in his wealth statement submitted to the ACC.

In its judgment the HC observed that all rules and procedures, including initiation of the case, its inquiry and getting sanction from the Commission, were in accordance with the law.

"There has not been any violation of law in this regard," the court said in its ruling on Mollah's case which is identical with over 400 quashing petitions of high-profile persons sued under the anti-graft drive.

About the ACC rules that provide a 30-day timeline for completion of inquiry and 60 days for completion of investigation in such a case, the HC observed that the stipulated timeframe is "not mandatory but directory".

About the requirement of sanction from the three-member commission before submitting the case to the court, the HC held that the signature of a commissioner, who is authorized by the Commission in this regard, is "enough for approval".

"The sanction was not mechanical-it was done in compliance with the rules and procedures," the High Court ruling said.

The judgment will be helpful as a guideline for the counsel for the ACC to fight against the quashing petitions filed with the High Court by other corruption suspects, said ACC lawyer Khurshid Alam Khan.

He said that, at present, over 400 quashing petitions are pending with the High Court for hearing.

Disappointed by the HC judgment, Sheikh Baharul Islam, a counsel for Mollah, told UNB that he would move to the Appellate Division against the HC judgment.