Introduce death penalty for graft

Corruption is a mental disease that cannot be cured only by corporal punishment, the High Court said in the full text of a verdict in a graft case recommending introduction of the death penalty for such offences.

Upholding 10 years' imprisonment of Haji Md Salim, Awami League lawmaker from Dhaka-7, for amassing illegal wealth worth Tk 14.65 crore, the court also directed him to surrender before the trial court concerned within 30 days.

The countdown of the 30 days will start from the day the trial court receives the copy of the HC judgment.

The HC blasted the Anti-Corruption Commission for its failure to take appropriate action against corruption and for its dependence on media coverage.

"We are ashamed of our rank because of some corrupt persons who have managed to set themselves up in every sector in disguise with mental illnesses.

"They are powerful, organised and syndicated, therefore, on the basis of seriousness, arrogant and protracted offenders of corruption, capital punishment could be introduced," the bench of Justice Md Moinul Islam Chowdhury and Justice AKM Zahirul Huq observed in the 66-page full text of judgment which was released yesterday.

About the HC's suggestion for introducing capital punishment for corruption, Law Minister Anisul Huq told The Daily Star that he could not make comments on this issue as he was yet to read the full verdict.

He also declined to comment on whether Salim can hold the office of parliamentary membership following the HC verdict.

But ACC's lawyer Khurshid Alam Khan said Salim is no more a Jatiya Sangsad member as per article (2) (d) of the constitution from the moment the HC delivered the verdict.

In the full text of the judgment, the HC judges said, "We have cautiously noticed that the commission [ACC] still does not have capacity or courage to form such kind of belief even there are thousands of apparent corrupt persons possessing properties and money, but hardly at its own initiatives, rather, unfortunately still depends upon media coverage to form its belief for taking action under sections 26 and 27 of the Anti-Corruption Commission Ain, 2004.

"We desire to see a commission which must be effective and active in finding out root of all corruption within the holders of constitutional post and non-constitutional ordinary servants of the republic."

"We know that it will be a difficult and risky task because an honest person may fall prey to a corrupt person, but we have to start from somewhere to be a civilised and a corruption free nation," the HC bench observed.

The HC upheld the lower court's judgment that convicted and sentenced Salim to 10 years in prison in the case filed by the ACC during the military-backed caretaker government in 2007.

ACC lawyer Khurshid said the trial court will send Salim to jail if he surrenders before it.

Salim will have to seek bail from the Appellate Division of the Supreme Court after going to jail in this case, he added.

Salim's lawyer Sayed Ahmed Raza, however, said his client would move an appeal before the Appellate Division challenging the HC verdict.

Salim is unwell and therefore, he will seek bail from the trial court after surrendering to it, he added.

"Disqualification under the constitution to be a member of parliament will depend on the result of the appeal. Because the conviction will be under challenge before the Appellate Division. When the conviction is under challenge, it [conviction] cannot be termed final," the lawyer said.

On March 9 last year, the HC bench delivered the verdict in the case dismissing an appeal of Salim.