Staff Reporter :
The Anti-Corruption Commission (ACC) on Thursday filed a leave-to-appeal petition with the Appellate Division of the Supreme Court seeking stay on the High Court verdict that recently ruled that the investigative agencies have to seek permission from a competent court to impose travel ban upon corruption suspects as an interim measure until a law is enacted.
Lawyer Khurshid Alam Khan on behalf of the ACC submitted the petition to the Appellate Division of the SC also seeking cancellation of the HC judgement and observations.
In the petition, the ACC said the commission has special powers to conduct inquiry and investigation into the corruption allegations and cases.
If the commission has to take permission from the court concerned for imposing embargo on corruption suspects and accused from leaving the country, the purpose of the inquiry and investigation will be frustrated, said Khurshid Alam Khan.
Following a writ petition, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman on March 16 delivered a verdict observing that a specific law or rules need to be formulated soon regarding imposing embargo on corruption suspects or accused from leaving the country.
And the investigative agencies have to seek permission from a competent court to impose such ban upon any person as an interim measure until such law or rule is enacted, also ruled the court.
The full text of the HC judgment was released on April 4.
In the verdict the High Court also observed that controlling the right of movement of the citizens at the whims of any person or any authority is unconstitutional.
The court also said, “It is a fact that the investigation into the cases related to corruption or money laundering is a matter of time, although there is a time limit for it. Our judicial experience states that in most cases the Anti-Commission Commission or other investigating agency cannot complete the investigation within the time frame specified in the law or rules.”
“It is also a reality that many corruption suspects or accused are leaving the country on various pretexts at the stage of investigation and later it is no longer possible to bring them to face the law. In view of these realities, it has become necessary to enact necessary laws or regulations to bar any person involved in corruption or money laundering cases or in other cases at the stage of investigation from leaving the country or to control his movements,” also read the verdict.
In the absence of the specific laws or regulations, it is unconstitutional to take such action with an official order of an investigating agency, opined the court.
The HC bench came up with the verdict following a writ petition filed by one Ataur Rahman from Narsingdi challenging the ACC’s action to restrain him from going abroad as a graft allegation against him was being inquired. The HC declared the ACC’s action illegal and allowed Ataur to go to Sweden to meet his family.
The ACC issued a notice on August 24, 2020, asking Ataur, known as Sweden Ataur, to submit his wealth statement to the commission. After he submitted the statement, the anti-graft body started an inquiry into his wealth and on December 20 that year, the commission issued a letter to the immigration police to refrain Ataur from going to Sweden.
Ataur then filed the petition with the HC challenging ACC’s action to prevent him from going abroad. After hearing the writ petition the High Court delivered the verdict on March 16 this year.
