ACC showing disparity dealing with cases in court!

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Gulam Rabbani :
Allegations have been raised that the Anti-Corruption Commission (ACC) is discriminating in dealing with the cases in the Supreme Court. The counsels of this anti-graft body are more interested in running political cases, especially the opposition political parties.
The ACC lawyer Khurshid Alam Khan, however, denied these allegations saying, “We see all the cases equally. The manner in which Khaleda Zia’s case is handled, so did the cases of Mofazzal Hossain Chowdhury Maya and others. Here we do not differentiate.”
Barrister A M Mahbub Uddin Khokan, Secretary of the Supreme Court Bar Association (SCBA), said, the ACC’s functions are politically motivated.
“The ACC appealed in Khaleda Zia’s case within a very short time, but they did not do so in the cases related to Awami League leaders,” mentioned Barrister Khokan.
He said, “Many accused were arrested for having connection with the Basic Bank scam, but the then Chairman of the bank Abdul Hye Bacchu, who is believed to be at the centre of the swindle, was not accused in any case nor arrested.”
On November 8 in 2017, the High Court condemned the ACC for dillydallying and weakness of its investigation into the cases filed for Basic Bank loan scam.
The Commission has lack of transparency, competence and neutrality in dealing with the cases concerning the loan scam of Basic Bank, the court said, adding that the it (ACC) is applying “pick and choose” policy in connection with the corruption cases.
The bench of Justice M Enayetur Rahim and Justice Shahidul Karim passed the remarks while hearing three petitions filed by Md Selim, the then General Manager of Internal Credit Division of BASIC Bank, seeking bail in three cases filed for misappropriating money and committing irregularities in allocating loan of the bank. Recently, the ACC took initiatives to finalize appeal petitions in the Zia Orphanage Trust case within a short time. But this kind of rapid initiative is not seen in the other cases. On February 8, the Special Judge’s Court-5 of Dhaka sentenced BNP Chairperson Khaleda Zia to five years’ rigorous imprisonment in the Zia Orphanage Trust Case.
Considering an appeal petition, the HC on March 12 granted bail to BNP Chairperson Khaleda Zia for four months in Zia Orphanage Trust case.
On March 25, the Anti-Corruption Commission filed an appeal petition with the High Court to increase the punishment awarded to BNP Chairperson Khaleda Zia in Zia Orphanage Trust case.
ACC submitted the petition to the High Court saying that the five other accused in the same case were given 10 years imprisonment. But the lower court sentenced Khaleda Zia, the prime accused, five years imprisonment only.
Considering the ACC and others’ appeal petitions, the HC started the hearing on the appeal petitions connected with the Zia Orphanage Trust case.
But the ACC is moving slowly in the cases of Awami League lawmakers Mofazzal Hossain Chowdhury Maya and Abdur Rahman Bodi. The Supreme Court rejected a review petition filed by Disaster Management and Relief Minister Mofazzal Hossain Chowdhury Maya seeking a review of its earlier order that had scrapped a High Court verdict acquitting him of graft charges on April 10 in 2016.
The four-member bench of the Appellate Division headed by then Chief Justice Surendra Kumar Sinha rejected the petition as it was not being preceded for hearing.
After the apex court order, concerned lawyers said, now the High Court would conduct a fresh hearing on the matter as per the apex court directive that had asked the High Court to rehear the case in which Maya, also a senior Awami League leader, was jailed for 13 years by a Dhaka special court in 2008. But the fresh hearing has not started yet. Same thing happened during dealing with the case of another Awami League lawmaker Abdur Rahman Bodi.
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