HC declares ACC notice on Hasina illegal

The High Court (HC) yesterday declared illegal issuance of the Anti-Corruption Commission (ACC) notice asking former premier Sheikh Hasina to submit her wealth statement, which worried ACC officials about the fate of their other similar notices.
The HC gave the verdict after hearing of an HC rule issued in August following Hasina's filing of a writ petition to challenge the legality of the ACC notice.
The verdict said the notice was served on Hasina without maintaining proper procedure.
In a reaction to the verdict, ACC Chairman Lt Gen (retd) Hasan Mashhud Chowdhury however said, "We are not worried or demoralised by the judgment as we know we must go through legal processes...We have the option to go to higher court and we will do so."
Asked if there was any weakness in the proceedings for preparing the case, Mashhud said, "There was absolutely no weakness in the ACC work."
But despite the ACC chairman's confidence, a few officials of the commission and its legal experts expressed concern, saying all notices asking a number of people to submit wealth statements might also face legal complexities.
They feared if these cases also go to the higher court and get similar orders, the massive drive being conducted by the anti-graft watchdog against many high profile graft suspects will slow down.
Barrister Rafique ul Huq, counsel for detained Awami League (AL) President Hasina, also said immediately after the verdict, "As a result of the High Court verdict all the notices the ACC has issued asking people to submit wealth statement will be cancelled."
The ACC sent the notice to Hasina on July 17 through the prison authorities of the sub-jail on the Jatiya Sangsad Bhaban complex where the AL chief has been kept.
Hasina filed the writ petition with the HC on August 5, challenging the legality of the ACC notice.
On August 7, an HC bench comprising justices Shah Abu Nayeem Mominur Rahman and Zubayer Rahman Chowdhury stayed the ACC instructions to Hasina and ordered the anti-graft body to explain in four weeks why its notice shall not be declared illegal.
The ACC then moved to the Supreme Court (SC) and obtained a stay order on the HC ruling. The SC also directed for disposing of the matter in the High Court, which gave its verdict yesterday after four days' hearing.
Hasina submitted her wealth statement after the SC stayed the HC order. The ACC initiated an investigation into the statement. Later, however, it instructed its investigator to postpone the probe on October 23 as an SC stay order in this regard was in effect. The investigation was postponed until the matter of Hasina's writ petition is resolved in the HC.
Barrister Rafique yesterday said, "The ACC notice was not served in accordance with the ACC Act." The commission could have issued the notice after certain formalities, including primary enquiry and investigation, but it could not produce any document regarding any such enquiry and investigation, he added.
Rafique also said according to section 26 of the ACC Act, the commission can ask one for their wealth statement if investigations convince it of inconsistency between their property and legal sources of income.
The ACC has so far issued over 200 notices since February asking wealth statement. It filed cases against many for concealing information and providing false information in their wealth statements. It also filed cases for not submitting wealth statement.
Even several accused have already been handed punishment by special courts while a number of cases are pending.
ACC sources said the commission's lawyers had suggested maintaining all the laws properly before issuing the notice to Hasina.
Sources said the ACC will examine yesterday's HC judgment to see if the reason behind the HC verdict also applies to its other cases.