The High Court (HC) identified a 'gigantic fraud' in receiving cash incentive against export sales by some businessmen. It also appeared to the court that they committed the offence with aid of the officials concerned of the chartered accountant (CA) firm ACNABIN, Sonali Bank Limited, Bangladesh Bank (BB) and customs authority.
After indentifying the fraud, the HC directed the Anti-Corruption Commission (ACC) to conduct investigation against the businessmen along with the officials concerned of these entities to analyse their involvement in doing such fraud.
The HC directed the ACC to submit a report with the court on or before July 18, stating the investigation outcome.
The HC bench of Justice Muhammad Khurshid Alam Sarkar and Justice Md Rashed Jahangir passed the order on May 18 after discharging some rules. The rules were issued following some writ petitions, filed by the businessmen challenging a Sonali Bank notification asking to refund their received incentive money.
Sonali Bank issued the notification after receiving a BB letter, which on January 8 this year stated that the central bank had found irregularities in providing cash incentives by Sonali Bank against 17 bills without any export.
Eight businessmen - Md Sagor Hossain, Md Tajul Islam, Md Rasel, Mohammad Ruhul Amin Khan, Md Meraj, Md Elias Mamun Miazi, Md Tofazzel Hossain and Md Kamal Uddin - filed the writ petition challenging legality of the Sonali Bank notification.
Upon hearing the petitions, the HC issued a rule upon the respondents on February 12 to explain as to why the notification asking to refund the money should not be declared illegal. It also stayed operation of the notification for 10 days.
In response to the court's query, the customs authority informed that no goods were exported through the bills against which the businessmen received the government incentive.
However, CA firm ACNABIN certified that Sonali Bank received foreign proceed against the export. But, from the customs authority's statement it appeared to the court that the bank received no money.
In this circumstance, the parties, who challenged the Sonali Bank notification to refund the incentive money, prayed to the court not to proceed with the rules.
Then the court discharged the rules along with a direction upon the ACC to conduct an effective investigation against the persons and officials involved with the fraud.
The HC said, "It appears to this court that a gigantic fraud has been committed by the petitioners with the aid of the officials concerned of the CA firm ACNABIN, Sonali Bank Limited, Bangladesh Bank and customs authority in disbursing a huge amount of money from the bank in the name of cash incentive against false export proceeds in violation of the laws of the land."
Therefore, there must be an investigation, to be carried out by the ACC, added the court.
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