Trial of Wrong Man: ACC admits ‘mistake’ to HC in fraud case probe

Mohammad Kamrul Islam from Noakhali's Purba Rajarampur was going to be another victim of the Anti-Corruption Commission's "wrong investigation" like innocent jute mill worker Jaha Alam, who had been behind bars for more than three years due to ACC's "wrong probe".

The ACC has admitted to the High Court that it made a mistake by conducting the investigation incorrectly in a fraud case and pressing charge sheet against innocent Mohammad Kamrul Islam.

The graft watchdog on Sunday submitted a statement to the HC expressing sorrow for committing the "mistake" during hearing on a writ petition, filed by Mohammad Kamrul Islam, seeking its order on the authorities concerned not to harass or arrest him in the case.

On Monday, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman set Thursday for delivering the verdict on the petition.

Speaking to The Daily Star, petitioner's counsel Minhazul Haque Chowdhury yesterday said the then bureau of anti-corruption had filed a case against one Kamrul Islam, son of Abul Khair and Fatema Begum, from Noakhali's Paschim Rajarampur in 2003 on charges of getting admitted to a college in class 11 with fake SSC certificate and mark sheet.

In 2013, the ACC submitted a charge sheet against Mohammad Kamrul Islam, son of Abul Khair and Rawshan Ara Begum from Purba Rajarampur, to the trial court concerned in connection with the case.

The following year, the trial court sentenced him to five year's imprisonment each under three sections in the case on the basis of the ACC probe report. The court later issued an arrest warrant against him.

After examining the related documents and copies of the national identity cards of the two, the writ petition was filed with the HC in November last year seeking necessary orders as law enforcers were allegedly harassing Mohammad Kamrul Islam, who is now serving as an employee of a judicial magistrate court, lawyer Minhazul said.

The HC bench on November 5 last year issued a rule asking the authorities concerned to explain why the move to arrest Mohammad Kamrul Islam should not be declared illegal. It also directed the police not to harass or arrest him.

ACC lawyer Khurshid Alam Khan told The Daily Star that they expressed sorrow to the HC for committing the "mistake" during conducting investigation of the case. He said the ACC had no ill intentions in this regard.

He said Mohammad Kamrul Islam did not serve in jail for a day.

Jaha Alam was freed from jail on February 3, 2019 after the HC had directed the authorities concerned to release him.

The HC on September 30 last year also directed Brac Bank to pay Tk 15 lakh in compensation to Jaha Alam as two of its officials -- Faisal Kayes and Sabina Sharmin -- supplied the photo and information on Jaha Alam, instead of those of the real accused Abu Salek, to the ACC investigation officers.

The ACC investigators then identified Jaha Alam and implicated him in the corruption cases, the HC observed in the verdict.

However, the Appellate Division of the Supreme Court stayed for the time being the HC order on the compensation, Deputy Attorney General Amit Das Gupta told The Daily Star yesterday.