BRAC Bank wants a stay order over the High Court verdict that asked the bank authorities to pay Tk 1.5 million as compensation to Jahalam, a jute mill worker who spent three years in jail instead of real one, in a case filed for misappropriation of Tk 185 million.
The bank filed a petition last week with the Appellate Division of the Supreme Court seeking stay on the High Court verdict, said Advocate Anisul Islam, a counsel for BRAC Bank.
The High Court on September 30 this year ordered the BRAC Bank authorities to pay the amount to Jahalam.
BRAC Bank authorities had been asked to pay the amount within one month after receiving the High Court order and they have to inform it in written to the Supreme Court registrar general's office within one week after complying with the order.
The High Court bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader delivered the verdict after hearing a suo moto rule issued earlier.
The rule was issued after a Supreme Court lawyer, Amit Das Gupta, brought some news reports on the wrongful detention of Jahlam to the attention of the High Court.
The BRAC Bank is one of the banks by which the cheques of the embezzled money were cleared.
During the investigation of the case, two officers of BRAC Bank, Shaymoli Branch's manager Sabina Sarmin and Asad Gate Branch's operation manager Md Faysal Kayes, went to Jahalam's work place and identified him as Abu Salek, who took the loan and embezzled the money.
The court expressed dissatisfaction over the role of Anti-Corruption Commission as its high officials did not properly supervise the works of the 11 investigation officers of the organisation.
The court asked the ACC and other concerned authorities to take initiatives for disposing of the cases filed for misappropriating of Tk 185 million and the departmental proceedings initiated against the accused officials of the BRAC Bank and Sonali Bank immediately.
Jahlam, a jute mill worker, was arrested on February 06, 2016 after being mistaken for Abu Salek, who is the actual accused in 33 cases that the ACC had filed in 2014 over loan fraud and embezzlement amounting to Tk 185 million from Sonali Bank.
When the ACC sent for Salek, the summons went to the address of Jahlam, who, in turn, met officials of the corruption watchdog and insisted that he was not Salek. He also told the ACC that the photo that had been used to open the Sonali Bank account was not his either. But the bank's officials still identified him as Salek and the jute mill worker was eventually arrested in Ghorashal following the ACC's green light.
On May 27 the same year, Jahlam was transferred to the Dhaka Central Jail 2.
In January 2019, several media reports brought the matter of Jahlam's innocence to the ACC's attention, forcing further investigations into the matter.
The High Court on January 28, 2019 summoned four officials, including a representative of the chairman of the Anti-Corruption Commission, to explain as to why Jahlam has been in jail custody for the last three years in place of the original accused.
The court also issued a suo moto rule upon the respondents to explain in four weeks as to why the confinement of Jahlam should not be declared illegal.
After hearing the ACC officials, the High Court on February 03 last year directed the jail authorities to release Jahlam and he was released from jail on February 04.
After hearing the rule in detail from the parties, the court delivered the verdict on September 30 this year.
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