Gulam Rabbani :
The High Court in a full text of a verdict observed that the Anti-Corruption Commission (ACC) has no power to pass any order of freezing the property of a citizen of the country though that property was reportedly acquired by illegal means.
Only a court concerned may pass an order of attachment or freezing the property after being prima-facie satisfied that said property has been acquired by illegal means, the High Court also observed.
The court said, “It is crystal clear that without the permission of the court concerned, no one, nor the Commission has got any power of freezing or attachment or to impose any restrictions with regard to a property of a citizen of the country allegedly to have been acquired by illegal means i.e. ‘crime acquired property’.”
The court also said, “Before freezing or attachment of any property the Commission prima-facie has to be satisfied first that the alleged property has been acquired by illegal means and then, the Commission should have authorised its officer to apply before the Senior Special Judge or the trial Judge, as the case may be for freezing or attachment of such property.”
“And thereafter, the authorised officer, should have filed an application before the Court concerned stating the reasons for attachment or freezing the property, as the case may be with sufficient materials.”
“Finally, the Court concerned may pass an order of attachment or freezing the property after being prima-facie satisfied that said property has been acquired by the concerned parson by illegal means.”
The High Court Bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman delivered the verdict after holding hearing on a with petition.
The court delivered the short verdict on June 27 this year, while the full verdict was released on the Supreme Court website on Wednesday.
According to the writ petition, Md Sharif Uddin, a Deputy Assistant Director of the ACC’s district integrated office in Chattogram, on January 6 this year issued a letter to the Social Islami Bank Limited, Cox’s Bazar branch to impose a ‘no debit’ on an account maintained by one Belayet Hosen.
Having been informed about the fact the petitioner inquired about the reasons for doing so, and on January 17 also demanded a copy of the said letter in writing to the branch manager, but of no avail.
Under such circumstances on January 19 a legal notice was served upon the bank manager seeking disclosure of the impugned letter issued by the ACC official. And finally he filed a writ petition with the High Court.
Upon hearing the petition the HC issued a ruling calling upon the respondents to show cause as to why the letter for issued by the ACC official directing the bank manager to freeze petitioner’s bank accounts maintained with the Social Islami Bank Ltd should not be declared illegal.
After final hearing, the court declared the ruling as absolute and the letter issued by the ACC officials as illegal.
However, this judgment will not debar the ACC to take any action with regard the two property in question in accordance with law, if prima facie it has been found that same is the ‘crime acquired property’, also read the verdict.
