The Appellate Division of the Supreme Court said on Monday that the Anti-Corruption Commission (ACC) and the Bangladesh Financial Intelligence Unit (BFIU), if they want, can independently take steps to inquire into the allegations against S Alam Group owner Mohammad Saiful Alam of the transfer and investment of huge money abroad without the Bangladesh Bank's permission.
The apex court, however, discharged a High Court (HC) rule that questioned the failure and inaction of the government bodies to take appropriate legal steps against the owner of S Alam Group for allegedly amassing a huge amount of property abroad.
A six-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan delivered the verdict after holding hearing on a leave-to-appeal petition challenging the HC order and rule that asked the authorities to probe the allegations against the owner of S Alam Group.
Lawyers Ajmalul Hossain, Rokanuddin Mahmud, Ahsanul Karim, Saifullah Mamun and others appeared in the court hearing for S Alam Group while lawyer Khurshid Alam Khan stood for the ACC.
Barrister Syed Sayedul Haque Suman also appeared in support of inquiry petition.
Mr Ahsanul Karim said, "In the HC rule Saiful Alam and his wife were identified as guilty for money laundering and embezzlement without any trial. Even the court didn't hear their statement before issuing the rule. That is why the rule is redundant."
On August 6, the HC directed the authorities concerned to conduct inquiry into the allegations against S Alam Group.
The ACC, the BFIU and the CID of Police were asked to comply with the direction. The organisations were also asked to submit inquiry report to the HC within two months.
The HC bench comprising Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order on a suo motu move after considering a report headlined "S Alam's Aladdin's Lamp" which was published in an English daily on August 04, 2023.
SC lawyer Syed Sayedul Haque Suman placed the newspaper report before the HC bench seeking necessary directives.
Later on August 21, Saiful Alam and his wife Farzana Parveen submitted a petition to the Appellate Division, seeking a stay on the HC order.
Following the petition, the Chamber Judge of the Appellate Division on August 23 in 2023 gave an order to maintain status quo till January 8 in 2024 upon the subject matter of the HC order that asked the authorities concerned to conduct inquiry into the allegations against the S Alam Group owner.
Justice M Enayetur Rahim, the then Chamber Judge of the Appellate Division, passed the order after hearing a petition filed by the S Alam Group, seeking a stay on the HC order.
The Chamber Judge also sent the matter to the regular Appellate Division bench for detailed hearing on it.
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