Gulam Rabbani :
The High Court has observed that removing or combating the corruption is a great challenge in our country. It takes place at the highest levels as well as at the lower levels of the society.
The High Court Bench of Justice Md Nazrul Islam Talukder and Justice Mohi Uddin Shamim passed the observation after holding hearing on a writ petition.
The short verdict was delivered on March 14 this year, while the full text was released on the Supreme Court website on Thursday.
In the observation the court said, “It will not be out of place to mention that corruption has engulfed our society to a great extent. To remove or to combat the corruption is a great challenge in our country. Corruption has many forms. With them moves change of time and circumstances. The perpetrators, in the meantime, have developed many skills for commission of corruption.” “It undermines the economic development of the country and the State security as well. It takes place at the highest levels as well as at the lower levels of the society. Normally major corruption takes place at the highest levels of the society, while the petty corruption takes places at the lower levels of the society,” read the full text. So, in order to uproot the corruption from the society, concerted efforts and mutual assistance and cooperation among the stakeholders are greatly needed, also read the full the text. The court also observed in the verdict, “Our bitter experience is that, many accused left the country ignoring/violating the court’s order and they could not be brought to justice later on notwithstanding the repeated efforts in different manners.”
Ahsan Habib, a student of Fulbari upazila under Dinazpur district and also an undergraduate student of Deakin College under Deakin University in Australia, filed the writ petition challenging the legality of a Anti-Corruption Commission (ACC) memo that imposed embargo on him to leave and re-enter into the country.
Following the petition, the High Court issued a ruling upon the respondents to show cause as to why the ACC memo that relates to the petitioner imposing embargo upon him to leave and re-enter into the country, shall not be declared illegal and as to why the retention/seizure of the petitioner’s passport by the officer-in-Charge of the immigration police at Hazrat Shahjalal International Airport shall not be declared illegal.
After holding hearing on the ruling the court asked the respondents to return the passport to the writ petitioner so that he can continue his studies going abroad and the respondents are also directed to allow the petitioner to go abroad without any hindrance.
In the verdict, the court gave five-point directions to the respondents. The court said if any person/accused during pendency of inquiry and/or investigating is debarred from leaving the country and the passport is seized in an emergency situation without showing cause and hearing, the Anti Corruption Commission and/or the investigating officer shall submit an application to the court of Senior Special Judge/Special Judge for post-approval of the memo of the restraining order and the act of the seizure of the passport as early as possible preferably within 15 (fifteen) days from the date of passing the memo as well as from the date of seizing the passport as the case may be.
The Senior Special Judge/Special Judge having received the application from the Commission if any shall notify the person/accused of cognizable offences and upon hearing the parties may pass necessary order approving or disapproving the memo and the learned Special Judge will hear and
dispose of the application of the Commission if any as early as possible preferably within 60 (sixty) days from the date of receipt of such application providing a fair opportunity of being hard to the aggrieved parties/persons.
Advocate Murad Reza and advocate Swapnil Bhattacharya appeared in the court on behalf of Ahsan Habib, while Deputy Attorney General AKM Amin Uddin and Mahjabin Rabbani Deepa represented the state and advocate Fazlul Hoque appeared for the ACC.
