The High Court (HC) has cautioned the Anti-Corruption Commission (ACC) against targeting individuals for the purpose of harassment and humiliation in society.
In a recent verdict, the HC stated that "the Anti-Corruption Commission may have passion for prosecution against the person who obtained property by disproportionate sources of income, but if the allegation is not found true… the Anti-Corruption Commission should not proceed against him with a view to harassing and humiliating him in the society at the request and sweet will of the vested and interested quarters."
The verdict was issued by the bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat after hearing a writ petition filed by Md Syeduzzaman, a police official of the Special Branch (SB).
The HC announced its short verdict on November 3, 2022, while the full text has since been released on the Supreme Court website recently.
According to the verdict, the Anti-Corruption Commission issued a notice on January 28, 2018, to Md Syeduzzaman, requesting that he submit a wealth statement.
The police official complied by appearing at the ACC office and submitting the statement along with all relevant documents.
The concerned ACC official accepted the documents, heard the petitioner, and submitted a detailed inquiry report recommending that the petitioner be exonerated from the allegations against him. Higher-tier officials of the ACC also agreed with the inquiry report.
However, on February 2, 2019, the ACC issued another notice to the police officer requesting that he submit his wealth statement again. Feeling aggrieved by the notice, the police officer filed a writ petition with the HC .
After an initial hearing, the High Court issued a rule asking the respondents to explain why the letter requesting the petitioner to submit his wealth statement should not be deemed illegal.
The HC bench also temporarily stayed the ACC notice. After a detailed hearing, the High Court declared the rule absolute and the ACC letter illegal.
The High Court also instructed the ACC not to unnecessarily harass or humiliate the petitioner unless there are bona fide reasons to proceed against him.
Furthermore, the court stated that a person, like the above petitioner, should not be repeatedly harassed on the basis of mere allegations of corruption, which are not found to be true after inquiry, unless the stakeholders and the court are convinced that there are legitimate reasons to hold a new inquiry into the allegations.
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