HC did not at all apply judicial mind

The Supreme Court has observed that the High Court didn't at all apply its judicial mind in acquitting Relief and Disaster Management Minister Mofazzal Hossain Chowdhury Maya of corruption charges brought by the Anti-Corruption Commission.

“It [HC] did not at all assess the evidence on record although the special judge [Special Court-5] on assessment of the evidence convicted the respondent [Maya],” a three-member SC bench headed by Chief Justice Surendra Kumar Sinha said in its full judgment.

The other two judges of the bench are Justice Nazmun Ara Sultana and Justice Hasan Foez Siddique.

The SC, which delivered its short verdict on June 14, released full text of the judgment yesterday, saying “the High Court Division shall dispose of the appeal [by Maya] on merit expeditiously”.

Maya, general secretary of Dhaka City Awami League, filed the appeal with the HC on May 25, 2009, challenging a special court's verdict given on February 14, 2008.

The Special Court-5, set up during the tenure of the last caretaker government, convicted Maya in a corruption case filed by the ACC with Sutrapur Police Station on June 13, 2007.

The court sentenced him to 13 years' imprisonment, fined him Tk 5 crore and ordered confiscation of his “ill-gotten” wealth worth Tk 6 crore.

The case was filed against Maya when the army-backed caretaker government was conducting a drive against corruption of high-profile politicians and businesspeople.

Maya, who was on the run during the trial, didn't contest the 2008 parliamentary elections. Later, he returned home from abroad after his party came to power.

Following his appeal against the special court verdict, the HC bench of Justice Syed Mahmud Hossain and Justice Gobinda Chandra Tagore on October 27, 2010 scrapped the lower court judgment, and acquitted Maya of the corruption case.

In 2011, the ACC appealed to the SC for scrapping the HC verdict.

On June 14 this year, the apex court scrapped the HC verdict and asked it to hold a fresh hearing on Maya's appeal. 

In its full judgment, the apex court said the HC acquitted Maya of the corruption charges “mainly on the reasoning that no legal notice was served upon the respondent in accordance with the law and in arriving at such conclusion, it [HC] relied upon the case of Anti Corruption Commission-V-Muhiuddion Khan Alamgir, 62 DLR(AD) 290.

“It is now settled that the offences punishable under sections 26 and 27 of the Ain, 2004 are distinct offences (62DLR.AD 185) and that no notice is required by the commission for prosecution of an offender in respect of an offence punishable under section 27 of the said Ain.”

The SC said Alamgir's case considered by the HC is distinguishable, and the same is not applicable to this case involving Maya.   

“The High Court Division has not at all applied its judicial mind in acquitting the respondent [Maya]. The question has already been settled by this Division [the SC] and we find no cogent ground to depart from the same.”

“In view of the above, we find infirmity of the judgment of the High Court Division and we have no option other than to send back the matter on remand for fresh hearing by the High Court Division. 

“The High Court Division shall dispose of the appeal on merit expeditiously. The impugned judgment of the High Court Division is set aside,” it said. 

ACC lawyer Khurshid Alam Khan told The Daily Star that the HC would now hold further hearing on Maya's appeal for fresh disposal in line with the SC observations.

Replying to a query, he said a debate should be held in parliament on whether Maya could hold the posts of lawmaker and minister after the SC order.

From the moral point of view, Maya should quit the posts of lawmaker and minister, he added.

Talking to The Daily Star, some leaders of the ruling AL said Maya might be dropped from the cabinet in the next reshuffle to save the government from further embarrassment.

Several other AL leaders, however, were doubtful about any such move. They said Maya has been attending cabinet meetings and addressing party rallies as usual.