Gulam Rabbani :
The High Court has observed in a verdict that controlling the rights of movement of the citizen at the whims of any person or any authority is unconstitutional.
The HC Bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the observation after hearing a writ petition filed in this regard.
The court delivered the verdict on March 16 this year and the full text of the verdict published on Sunday on the Supreme Court website.
In the verdict the court also said, “It is a fact that the investigation of the cases related to corruption or money laundering is a matter of time, although there is a time limit for it. Our judicial experience states that in most cases the Anti-Corruption Commission or other investigating agencies cannot complete investigation within the time frame specified in the law or rules.”
“Another reality is that many corruption suspects or accused are leaving the country on various pretexts at the stage of investigation and later it is no longer possible to bring them back to face the law. In view of these realities, it has become necessary to enact necessary laws or regulations to bar any person involved in corruption or money laundering cases or in other cases at the stage of investigation from leaving the country or to control his movements,” also read the verdict.
In the absence of the specific laws or regulations, it is unconstitutional to take such action with an official order of an investigating agency, opined the court.
The HC said, “In the law there should have an explanation for impsing travel ban upon an accused person immediately and an opportunity for the accused person to make a statement/objection against the action taken. It is an unconstitutional and inhumane step to impose a ban on anyone for an indefinite period of time, so it would be fair to set a time limit in the law.”
Considering the total situation it is the view of this court that the investigative agencies including the ACC and other law enforcement agencies should immediately enact laws and regulations regarding imposition of embargo on corruption suspects or accused leaving the country.
And the investigative agencies have to seek permission from a competent court to impose such ban upon any person as an interim measure until such law or rule is enacted, also ruled the court.
If the investigating agencies place any petition to any competent court for imposition of embargo on corruption suspects or accused leaving the country the court may consider it for a specified period, the duration of which shall not exceed 60 days.
The HC bench came up with the verdict following 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 HC 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 ACC issued a letter to the immigration police to refrain Ataur from going to Sweden.
Ataur then filed the petition with the HC challenging ACC’s action to prevent him from going abroad. After hearing the writ petition the HC delivered the verdict on March 16 this year.
