Staff Reporter :
Interpreting the Section 8 of the Criminal Law Amendment Act, 1958, the Appellate Division of the Supreme Court in the full text of a verdict has observed there is no scope for the trial court to hold fresh cross examination of any witness, who has already been cross examined, in the corruption cases.
Citing the Section the court said, “As per Section 8 of the Criminal Law Amendment Act, 1958 there is a statutory proscription on trial afresh.”
A three-member bench of the Appellate Division headed by Justice Md Nuruzzaman passed the observation in a full text of a verdict delivered after hearing a corruption case filed against BNP leader and former health minister Khandaker Mosharraf Hossain. The apex court delivered the short verdict on April 19 this year, while the full text has been released on Sunday.
Lawyer Khurshid Alam Khan who appeared in the court hearing on behalf of the Anti-Corruption Commission (ACC) said the fresh cross examinations of witnesses cause the long delay in finishing trials of the cases.
In the full text of the verdict, the Appellate Division of the SC also cleared the way for a lower court concerned to continue trial proceedings of a money laundering case filed against Khandaker Mosharraf Hossain.
There is a statutory proscription on trial afresh as per section 8 of the Criminal Law Amendment Act, 1958 which provides that “A Special Judge, unless he otherwise decides, shall not be bound to recall or rehear any witness, whose evidence has already been recorded, or to re-open proceedings already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached”, the apex court also said in the 21-page full text verdict.
The case was filed by the Anti-Corruption Commission (ACC) on February 6, 2014 accusing the former health minister of amassing over Tk 95.39 million between 2001 and 2006 and depositing that into a bank account in the United Kingdom.
The apex court said in the full text of the verdict that, “This (Appellate) Division earlier decided the same in the selfsame issue in the case of Begum Khaleda Zia Vs State and others. So, we place the reliance on the abovementioned case.”
The HC in its verdict on January 25 this year has directed the trial court to issue summon to prosecution witness (PW 8) Ferdous Ahmed Khan, an official at the prime minister’s office, for a fresh cross examination.
The HC also allowed Khandaker Mosharraf Hossain to cross examine Ferdous on three questions in the money laundering case.
Ferdous Ahmed Khan was examined on August 1, 2016 and he was cross examined by the lawyer of accused Khandaker Mosharraf Hossain for long eight consecutive days from August 7, 2016 to October 3, 2016.
Then, the ACC filed the leave to appeal petition with the SC challenging the HC verdict.
In the full text verdict, the apex court said the defense side (Khandaker Mosharraf) filed the petition on December 2, 2021 (last year) under section 540 of the Code of Criminal Procedure, 1898 in a belated stage after long five years more from the last date of the cross examination of PW 8 when the prosecution had concluded the prosecution case.
So, the recalling of the PW8 is nothing but with intention to delay and drag the case for indefinite period of time, the SC observed in the full text of verdict.
