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Published On: 2009-11-08 Metropolitan
AL MP Mollah's Appeal
SC hearing set for Dec 6
Ashutosh Sarkar
The Supreme Court is set to hear on December 6 an appeal filed by Awami League lawmaker Habibur Rahman Mollah against a High Court verdict that declared legal the Anti-Corruption Commi-ssion's (ACC) sanction (permitting its officials) to file the graft case against him.
Although the High Court in its verdict cleared the way for ACC to file cases against corruption suspects, the commission cannot go ahead with the cases filed against them, since the Supreme Court in an ad-interim order has stayed the verdict upon a petition filed by Mollah, said a counsel for ACC.
Counsel Khurshid Alam Khan told The Daily Star that over 300 cases, which were filed mostly against politicians and businessmen on charges of amassing illegal wealth, have been affected due to the Supreme Court's stay order.
Habibur Rahman Mollah has filed an appeal with the Supreme Court against the High Court verdict and the chamber bench of the Appellate Division on November 4 fixed December 6 as the date for hearing the appeal, he said, adding that the chamber bench fixed the date following an application filed by ACC.
Khurshid Alam said ACC will get guidelines and instructions regarding the cases against the corruption suspects after the Appellate Division delivers a judgment on the appeal of Mollah.
The consequences of most of the graft cases are related to the case against Mollah, he added.
The accused in graft cases, including AL lawmaker Obaidul Kader, former BNP lawmaker Fazlur Rahman Patal and controversial businessman Giasuddin-al Mamun, have so far filed over 300 petitions with the HC, challenging the legality of the commission's activities regarding the filing of cases, he said.
These cases were filed under the Emergency Powers Rules during the immediate-past caretaker government.
As a result, the petitioners felt that the ACC "went out of its jurisdiction" in filing and proceeding with the cases, sources said.
On November 20 last year, the High Court gave a ruling that the ACC's sanction to file the graft case against Mollah was legal.
The High Court also observed that the provisions for all the three ACC commissioners to sanction filing a case and submit a report in 30 days since the opening of an enquiry and the investigation report in 60 days since the filing of the case were directory, not mandatory.
Earlier, the High Court stayed the case proceedings in over 300 graft cases and issued rules on the government and the ACC asking them to explain why the proceedings should not be quashed or declared illegal. |
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