SC verdict clears ACC to proceed with corruption case against AL lawmaker Mollah.
The Supreme Court yesterday cleared the way for trial of a graft case against ruling Awami League lawmaker Habibur Rahman Mollah.
It did so by upholding the High Court verdict that declared legal the way the Anti-Corruption Commission filed the case.
Trial proceedings in the case had been stayed for last 14 months after Mollah filed a writ petition against the HC verdict.
ACC officials believe similar fate awaits over 500 more petitions against corruption cases filed by the anti-graft body.
ACC counsel Khurshid Alam Khan said the apex court ruling means the graft-busters would now have no bar to proceeding with cases against 500 plus people including Prime Minister Sheikh Hasina and Leader of the Opposition Khaleda Zia.
In his reaction, commission's Chairman Ghulam Rahman told The Daily Star, “Now we can activate all the cases that have been stayed on similar grounds, and that will give an impetus to the anti-corruption drive.”
About wider implications of the SC ruling, Khurshid Alam said they can now file an appeal against last month's HC verdict quashing the proceedings of Niko graft case against Sheikh Hasina.
Over 500 identical petitions challenge filing of cases against, among others, political bigwigs like Moudud Ahmed, Tarique Rahman, Khandaker Mosharraf Hossain, Obaidul Quader and Sadeque Hossain Khoka.
The cases include much-discussed Gatco, Niko, Barapukuria and Zia Orphanage Trust corruption cases against BNP Chairperson Khaleda Zia, her son Tarique Rahman and other BNP-Jamaat leaders.
ACC Assistant Director Syed Ahmed filed the case against Habib Mollah with Ramna Police Station on October 3, 2007. The charges include concealing information about wealth worth over Tk 2 crore.
In 2008, Mollah filed a petition challenging the ACC's permitting its officials to lodge the case against him.
In his petition, he also alleged the anti-graft watchdog did not follow the time frame prescribed by its law for inquiry and investigation before filing the case.
On November 20, 2008, the HC ruled that the ACC's receiving investigation report from its officials and approving the charge sheet in the case were done with lawful authority.
It also said the provisions for all three ACC commissioners to sanction filing of a case, inquiry report to be submitted within 30 days and investigation report within 60 days since opening of an inquiry and filing of a case were directory, not mandatory.
The top court took one year and two months to hear the petition against the HC verdict, leading to an impasse in the anti-corruption measures.
After three days of hearing that began on March 23, a four-member bench of the Appellate Division headed by Chief Justice Mohammad Fazlul Karim finally dismissed Mollah's appeal yesterday.
Barrister Rafique-ul Huq appeared for Mollah.
