ACC should not proceed against anyone with a view to humiliating him: HC

Gulam Rabbani  :
In the full text of a verdict the High Court has observed that the Anti-Corruption Commission (ACC) should not proceed against anyone with a view to harassing and humiliate him in the society.

The court said, “The Anti-Corruption Commission may have passion for prosecution against the person who obtained property by disproportionate sources of income, but if the allegation is not found true … the Anti-Corruption Commission should not proceed against him with a view to harassing and humiliating him in the society at the request and sweet will of the vested and interested quarters.”

The High Court Bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the observation in the verdict delivered after hearing a writ petition filed by Md Syeduzzaman, a police official of the Special Branch (SB).

The High Court bench announced its short verdict on November 3 in 2022, while the full text has been released on the SC website recently.

According to the verdict, the Anti-Corruption Commission on January 28 in 2018 issued a notice upon Md Syeduzzaman to submit his wealth statement. In response to the notice, the police official appeared in the ACC office and submitted wealth statement and produced all the relevant documents.

Upon accepting the relevant documents and hearing the petitioner, the concerned ACC official being convinced submitted inquiry report in details with a recommendation to exonerate the petitioner from the allegation brought against him. Higher tier officials of the ACC also found the report submitted by the inquiry officer correct.

However, the ACC on February 2 in 2019 issued another notice upon the police official for submitting his wealth statement afresh. Being aggrieved by the notice, the police official moved the High Court and filed a writ petition.

Upon primary hearing on the writ petition the High Court issued a rule asking the respondents to explain as to why the letter issued by the ACC on February 2 in 2019 asking the petitioner to submit wealth statement should not be declared illegal. The HC bench also stayed the operation of the notice for the time being.

After holding detail hearing the High Court declared the rule absolute and the ACC letter as illegal. The High Court also asked the ACC not to harass and humiliate the petitioner in any way unless bona fide reasons are there to proceed against him.

The court also said a person like the petitioner cannot be harassed unnecessarily and repeatedly on the basis of mere allegations of corruption, which are, on inquiry, not found true and at the same time, unless the minds of the stakeholders and the Court as well are pleased and convinced that there are bona fide reasons to hold inquiry afresh into the allegation and proceed against him.