Staff Reporter :
The Anti-Corruption Commission (ACC) on Monday filed a petition with the Appellate Division of the Supreme Court seeking stay on a High Court verdict that recently observed the special judge’s court will decide over imposition of embargo on corruption suspects or accused from leaving the country instead of the ACC.
The ACC’s lawyer Khurshid Alam Khan submitted the petition before the Chamber judge of the Appellate Division of the SC Justice Obaidul Hassan seeking stay on the HC judgement.
After primary hearing on the petition on Monday, Chamber judge of the Appellate Division Justice adjourned the hearing of the petition till March 28.
In the petition, the commission said if the ACC is to take permission from the special judge’s court for imposing embargo on any corruption suspect or accused from leaving the country, the inquiry or investigation against him or her will be “frustrated”.
Delivering verdict on a writ petition, the High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman on March 16 observed that a specific law or rule is needed soon regarding imposition of embargo on corruption suspects or accused from leaving the country.
There is no specific law or rule to ban people, against whom inquiries or investigations are underway in connection with corruption allegations, from leaving the country though they have rights to free movement according to the constitution, the court said.
For this reason, as long as no law or regulation is being enacted on the ban on leaving the country of the corruption suspects, permission has to be sought from the concerned special judge court, also observed the HC.
The bench came up with the judgment after it had heard 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 court declared the ACC’s action illegal and allowed Ataur to go to Sweden where he lives with 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 a writ petition with the HC challenging the ACC’s action to prevent him from going abroad.
Following the writ petition the High Court on February 4 this year issued a ruling in this regard and after hearing on the ruling the court delivered the verdict on March 16.
The Anti-Corruption Commission (ACC) on Monday filed a petition with the Appellate Division of the Supreme Court seeking stay on a High Court verdict that recently observed the special judge’s court will decide over imposition of embargo on corruption suspects or accused from leaving the country instead of the ACC.
The ACC’s lawyer Khurshid Alam Khan submitted the petition before the Chamber judge of the Appellate Division of the SC Justice Obaidul Hassan seeking stay on the HC judgement.
After primary hearing on the petition on Monday, Chamber judge of the Appellate Division Justice adjourned the hearing of the petition till March 28.
In the petition, the commission said if the ACC is to take permission from the special judge’s court for imposing embargo on any corruption suspect or accused from leaving the country, the inquiry or investigation against him or her will be “frustrated”.
Delivering verdict on a writ petition, the High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman on March 16 observed that a specific law or rule is needed soon regarding imposition of embargo on corruption suspects or accused from leaving the country.
There is no specific law or rule to ban people, against whom inquiries or investigations are underway in connection with corruption allegations, from leaving the country though they have rights to free movement according to the constitution, the court said.
For this reason, as long as no law or regulation is being enacted on the ban on leaving the country of the corruption suspects, permission has to be sought from the concerned special judge court, also observed the HC.
The bench came up with the judgment after it had heard 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 court declared the ACC’s action illegal and allowed Ataur to go to Sweden where he lives with 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 a writ petition with the HC challenging the ACC’s action to prevent him from going abroad.
Following the writ petition the High Court on February 4 this year issued a ruling in this regard and after hearing on the ruling the court delivered the verdict on March 16.
