Govt can’t pull out or suggest for withdrawal of join cases, HC rules

The High Court has decided that the public authority can't pull out any defilement case documented or moved by the Anti-Corruption Commission (ACC) and can't suggest for withdrawal of such cases from the preliminary procedures all things considered. 

The ACC is an autonomous body under the Anti-Corruption Commission Act, 2004, and along these lines, any case recorded and moved after the endorsement from the commission (ACC) can't be removed and proposals for case withdrawal by the public authority won't be engaged, the HC noticed. 

The HC seat of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman thought of the perception while conveying a short decision on December 10 on an update request recorded by the ACC including this issue. 

The public authority has supposedly suggested for withdrawal of in excess of 7,000 criminal cases – including numerous defilement cases documented during the systems of the BNP-drove coalition government and the military sponsored overseer government. 

ACC's attorney AKM Fazlul Hoque today revealed to The Daily Star that the HC seat has concocted the perception embracing his contentions that the preliminary procedures of the ACC's cases are controlled by the courts under the Criminal Law Amendment Act, 1958.

Under segment 10(4) of this demonstration, the instances of the ACC can be removed by the preliminary courts concerned just after the composed endorsement from the commission (ACC). 

The public authority can't meddle in the running of preliminaries of ACC cases, he said. 

He said the divisional unique adjudicator's court in Sunamganj on January 26, 2012 had endorsed an application from the public authority to pull out a debasement argument recorded against Md Abdul Kashem, director of Fourth Borodal Uttar Union under Taherpur upazila in Sunamganj, and two others. 

The Sunamganj court additionally absolved the denounced from the case procedures. The case was recorded with Taherpur Police Station on April 5, 2007 against the blamed, on charges of stealing 17 packs of government help tin worth Tk 1.36 lakh. 

Prior on February 11, 2011 the home service suggested for withdrawal of the case. 

The ACC recorded the modification appeal with the HC on November 19, 2014 testing the Sunamganj court request. 

Following the update request, a HC seat drove by Justice M Enayetur Rahim gave a standard asking the state and the denounced people to clarify why the house service's suggestion for withdrawal of the defilement case ought not be announced illicit. 

The seat likewise requested the three charged to give up to the preliminary court worried in about a month regarding the debasement case. The denounced gave up to the lower court worried in accordance with the HC order. 

The denounced people, nonetheless, were allowed bail for the situation. 

In the wake of holding hearing on the forthcoming guideline, the HC on December 10 conveyed the short decision. 

The subtleties of the HC perception will be known when the full content of the HC decision is delivered, attorney Fazlul Hoque stated, adding that the public authority didn't put any contention on the standard.