HC rules in a verdict: Govt cannot withdraw or recommend for withdrawal of graft cases

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Gulam Rabbani :
The High Court ruled in a judgement that the government cannot withdraw any corruption case filed or moved by the Anti-Corruption Commission (ACC) and cannot recommend for withdrawal of such cases from the trial proceedings either.
The ACC is an independent body under the Anti-Corruption Commission Act, 2004, and therefore, any case filed and moved following the approval from the commission cannot be withdrawn and recommendations for case withdrawal by the government will not be entertained, the HC observed.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the observation while delivering a short verdict on December 10 after hearing a revision petition filed by the ACC involving this issue.
The government has reportedly recommended for withdrawal of more
than 7,000 criminal cases, including many corruption cases filed during the regimes of the BNP-led alliance government and the military backed caretaker government.
Although many criminal cases were withdrawn then following the recommendations of the government, no graft case was withdrawn as some legal issues were involved.
A divisional special judge’s court in Sunamganj on January 26, 2012 approved an application filed by the government to withdraw a corruption case against Md Abdul Kashem, Chairman of Fourth Borodal Uttar Union under Taherpur upazila in Sunamganj, and two others. The court also exempted the accused from the case proceedings.
The case was filed with Taherpur Police Station on April 5, 2007 against the accused, on charges of embezzling 17 bundles of government relief tin worth Tk 1.36 lakh.
Earlier on February 11, 2011, the home ministry recommended for withdrawal of the case.
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