The High Court in a full verdict has observed that the Anti Corruption Commission (ACC) is busy recovering money than strengthening the legal procedures in major corruption cases.
As a result, accused persons are getting advantages in their defence, it also observed.
"Money recovery is not the duty of the ACC as the law has not given them such power. The money recovery may be a prima facie presumption that the accused/person embezzled or laundered the money," read the full text.
"It cannot be gainsaid that there is an ample opportunity for the ACC to take speedy legal action/s against them. But in many cases, even after years, the ACC couldn't submit charge-sheet/enquiry report which is totally a violation of statutory provisions of law."
"Moreover, in many cases no actions have been taken against the investigating/inquiry officer/s though there is a special provision for taking legal action/s against the concerned officials in the statute," the court said in its observation.
The High Court bench of Justice Md Nazrul Islam Talukder and Justice Mohi Uddin Shamim delivered the verdict after holding hearing on a revision petition.
The short verdict was delivered on January 24, 2021, while the full text of the verdict was published on the Supreme Court website on Tuesday.
In the observation the court also said, "We have noticed that many cases were filed for embezzlement of money through corruption in the banks, financial institutions and in many government departments but no positive steps are being taken to expedite the proceedings of inquiry, investigation and trial as well. No satisfactory explanations are being given by the Commission."
"The question arises - is the Commission above the law? The answer is certainly 'no'. The functions of the Commission have been briefly narrated in the ACC Act, 2004 and in the ACC Rules, 2007. The Commission should strict to its own legal position in preventing the corruptions and corrupt practices prevalent in the country."
Executive Engineer Md Mominur Rahman and Assistant Engineer Md Zahirul Islam of the Rural Electrification Board, Kurigram, were made accused in a corruption case after being caught red-handed during taking bribe on July 26, 2018.
Jahangir Alam, assistant director of ACC at District Integrated Office of Rangpur, filed the case with Lalmonirhat Sadar Police Station against the two officials the same day.
During pendency of the case, Md Zahirul Islam on May 6, 2019 filed an application for discharging him from the case. Upon hearing the application, the Special Judge of Rangpur on June 12, 2019 allowed the application and discharged the accused from the case.
Being aggrieved by the special court's order, the ACC filed a revision petition with the High Court.
After primary hearing, the HC issued a ruling to explain as to why the special court order that discharged Md Zahirul Islam from the corruption case should not be cancelled. And after final hearing, the court declared the ruling absolute and cancelled the special court order.
The trial court judge is also directed to proceed with the case in accordance with law and conclude the trial of the case as early as possible preferably within one year from the date of receipt of this judgment and order.
