HC reprimands ACC for some improper investigations, miscarriage of justice

The High Court expressed dissatisfaction with some incidents of improper investigations by officials of the Anti-Corruption Commission (ACC) resulting in harassment and confinement of innocent people.

Role of Anti-Corruption Commission (ACC) has been questionable for mistakes of some officials, said the court.

The ACC has done a lot of good works but few mistakes, incorrect investigation and wrongful prosecution have jeopardized its achievement putting its performance under question, the HC opined.

A division bench comprising Justice M Enayetur Rahim and Justice Md Mostafizur Rahman made the observation during hearing on a writ petition filed by Mohammad Kamrul Islam from Noakhali's Purba Rajarampur.

In 2003, Anti-Corruption Commission booked Kamrul on the allegation that he used a fake SSC certificate to get himself admitted to college in 1998.

ACC submitted charge-sheet against him 10 years later and the lower court sentenced Kamrul to imprisonment for 15 years and fined him Tk 30,000.

The petitioner claimed to have faced a wrongful prosecution and miscarriage of justice in the cases wrongly investigated by the ACC.

Scrapping the conviction, the HC asked the ACC to take departmental action against the delinquent official who investigated the case.

The HC also advised the ACC officials to submit wealth statement to sharpen commission’s image.

"If all the commissioners and officials of the ACC disclose details of their wealth statement, the institution's acceptance will increase," it said.

Khurshid Alam Khan, counsel for ACC, told the court that he will convey the message to the Commission.

The commission admits its mistake accepting responsibility for the incorrect investigation into fraud case and wrongful prosecution of Kamrul, the counsel said.

He said Anti-Corruption Commission is apologetic and ashamed of the mistake.

However, recalling confinement of innocent jute mill worker Jaha Alam due to wrong investigation by some officials of ACC, Kamrul Islam's lawyer Minhazul Haque Chowdhury said the investigation officer of the ACC is solely responsible for the incidents.

ACC is trying to deflect responsibility to the trial court as it did in case of jute mill worker Jaha Alam, he opined.

The HC directed the ACC to consider compensation if demanded by aggrieved Kamrul.

In 2003, the then Anti-Corruption Bureau accused Kamrul of using a fake SSC certificate to get himself admitted to college in 1998.

It submitted charge-sheet against Kamrul 10 years later.