Staff Reporter :
A High Court (HC) Division Bench on Tuesday said that Anti-Corruption Commission (ACC) should complete their investigation into any case within a reasonable time. Their Lordships also found the notice of allegations an omnibus one, not specific and oppressive.
Regarding seven years long investigation against a former apex court judge’s wealth statement, the HC Bench also said, “If the investigation continues years after years, then a man could be ill from mental pressure and anxieties.”
The HC Division Bench comprising Justice M Enayetur Rahim and Justice Shahidul Karim said as above during a hearing on a rule on a Supreme Court letter, issued from the office of the Registrar General to the ACC, as regards the probe into corruption allegation against former apex court’s judge, Justice Md Zainul Abedin.The High Court adjourned the hearing till October 31, 2017.
On Tuesday, Amici Curie Advocate Probir Niyogi and Advocate A M Amin Uddin placed their opinions on the issue before the court. The HC Division will hear another Amicus Curie Advocate Zainul Abedin’s opinion on the next date.
The two Amicus Curie said that the writ was maintainable because the letter contains a direction not to proceed with the investigation
Barrister Mainul Hosein also took part in the hearing in defence of the letter issued on behalf of his Lordship the Chief Justice.
Barrister Mainul said, “Every legal situation has to be judged in its context. The Anti-Corruption Commission restarted the investigation after concluding it seven years ago. The Chief Justice thought reviving such an inquiry about a retired judge after seven years would not be fair. The Commission did not find the language of the letter restraining it from reviving the case and began reinvestigation.” So the letter was not a direction.
He added, the Registrar General thereafter released his papers regarding salaries etc. as requested. So no obstruction was intended. Thus nothing remained of the letter to be of consequence. As guardian of the judiciary his Lordship was anxious about one his brother judges thinking he was being harassed.
Barrister Hosein submitted that in response to an earlier letter after seven years of investigation, the Supreme Court released the documents asked for. The Chief Justice expressed his sympathy when another letter was written to know about his salaries etc. saying it would not be fair to continue.
Earlier on October 9, the HC Bench of Justice M Enayetur Rahim and Justice Shahidul Karim issued a Suo Moto rule upon the respondents to show cause as to why the letter issued by the Registrar Office of the Supreme Court to the ACC regarding former apex court judge Justice Md Zainul Abedin’s wealth statement should not be declared illegal.
On that day, the HC announced three senior lawyers’ name as Amici Curari as assist the court with their opinion.
ACC lawyer Advocate Khurshed Alam defended himself saying that corruption investigations are complicate and delay is unavoidable. He also assured their Lordships that he would bring the anxiety expressed by their Lordships about the notice for investigation to the attention of the Commission.
