Case proceedings against RHD official quashed
The High Court (HC) yesterday quashed all proceedings of a corruption case filed by the Anti-Corruption Commission (ACC) against Abul Kalam Shamsuddin, former administrative officer of Roads and Highways Department.
An HC bench comprising Justice Mohammad Abdur Rashid and Justice Md Ashfaqul Islam also revoked the trial court judgment on July 17 sentencing Abul Kalam Shamsuddin to 13 years' imprisonment in this case.
The court also fined ACC's lawyer advocate Khurshid Alam Khan Tk 25,000 for "committing fraud" with the HC by suppressing the fact that the HC had fixed July 20 for delivering judgment in a writ petition filed by Shamsuddin challenging the legality of the case.
The HC earlier stayed the proceedings against Shamsuddin in this corruption case following his writ petition. The Supreme Court following a government petition stayed the HC order to stay the proceedings of the trial court, but allowed the HC to dispose its rule on Shamsuddin's petition.
Khurshid Alam Khan was given responsibility of the case by ACC on July 10. He did make the trial court aware about the HC direction to stay the proceedings of the trial court, as well as the date on which the HC would deliver its judgement on Shamsuddin's petition.
The trial court on July 17 sentenced Shamsuddin on the aforesaid charges.
“On the same day I was given the case (July 10), the HC fixed July 20 for delivering judgment in the writ petition filed by Shamsuddin. But as the Supreme Court had already stayed the HC stay order, I did not convey the trial court about the date of the HC ruling," Khurshid told reporters yesterday, adding that he had not been fraudulent in any of his actions.
He told reporters that he would file an appeal with the Supreme Court against the HC order to pay a fine.
Barrister Ahsanul Karim, counsel for Abul Kalam Shamsuddin, yesterday told The Daily Star that the HC bench directed the ACC's counsel advocate Khan to pay the petitioner Tk 25,000 from his own pocket.
ACC Assistant Director Sheikh Abdus Salam filed the case with Paltan Police Station on November 13 last year against Shamsuddin in connection with amassing Tk 4.96 crore illegally and concealing wealth information from the ACC.
Barrister Ahsanul Karim said that Shamsuddin filed a writ petition with the HC challenging the case. The HC upon his petition stayed the proceedings of the case and issued a rule to show cause as to why the case should not be quashed.
"At the last stage of the hearing of the rule, advocate Khurshid Alam Khan took time to hear the case from the HC. The HC gave him time, stayed proceedings of the case and fixed July 20 for delivering the judgment. Advocate Khurshid Alam suppressed the facts of the HC order. In this situation the special court on July 13 sentenced Shamsuddin to 13 years' imprisonment. I informed the trial court verdict to the HC today," he told reporters.
Judge Tanzina Ismail of Special Court-6, set up on the Jatiya Sangsad Bhaban premises, on July 17, sentenced Shamsuddin to 13 years' imprisonment in the case. The judge fined Samsuddin Tk 10 lakh in default of which he will have to serve one more year behind bars.
The court also ordered the authorities concerned to confiscate his ill-gotten wealth worth Tk 4.96 crore.
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