HC questions legality of ACC press briefings against Asif Mahmud

The High Court (HC) on Wednesday issued a rule questioning the legality of press briefings held by the Anti-Corruption Commission (ACC) on corruption allegations against Asif Mahmud Shojib Bhuyain, spokesperson of the National Citizen Party (NCP) and a former adviser to the interim government.

A bench of Justice Md Bashir Ullah and Justice Md Hamidur Rahman issued the rule after hearing a writ petition filed by Asif Mahmud.

The rule follows two ACC briefings held at the start of an inquiry into allegations of corruption and irregularities against him.

The petition was heard on 4 November, with Barrister Yusuf Ali representing the petitioner.

On 29 September, another High Court bench had removed the writ petition from its cause list, after which it was placed before the present bench.

According to the petition, an ACC deputy director said at a briefing at the commission's head office on 2 September that it had decided to investigate allegations of trading in transfers, recruitment and promotions involving Asif Mahmud and others after finding preliminary truth in them.

The petitioner argued that under the Anti-Corruption Commission Act, the preliminary truth of an allegation can be determined only after an inquiry is completed, and that the ACC has no legal authority to claim otherwise at the outset of an inquiry.

The petition said the ACC secretary, responding to journalists' questions on 9 September, described the statement as a “slip of the tongue”, while the official concerned admitted in a journalists' WhatsApp group that it was an unintended mistake.

It further alleged that although a legal notice was sent on 10 September, an ACC assistant director held another press briefing on 13 September without taking the notice into account.