The Anti-Corruption Commission (ACC) will have to explain its role in wrongful confinement of jute mill worker Jaha Alam in a number of cases filed over embezzlement of bank money.
Earlier, the ACC filed a petition with the Appellate Division of the Supreme Court challenging legality of an order of the High Court which sought its explanation as regard to the miscarriage of justice.A full bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain rejected the ACC petition on Monday.
Legal experts say the High Court directive to ACC to clarify its role stands following rejection of petition by the Supreme Court.
On April 23, the Supreme Court stayed till May 13 the High Court order which directed ACC to clarify its role in wrongful confinement of innocent man Jaha Alam.
Chamber Judge Md Nuruzzaman stayed the HC order following a petition filed by the ACC.
The petition was referred to the full bench of the Appellate Division to be heard on May 13.
Following newspaper report, the High Court on January 28, issued a suo moto rule asking the ACC and other authorities concerned to explain why they shall not be directed to compensate Jaha Alam for his harassment and wrongful confinement.A bench comprising Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader passed the order.
On March 6, the High Court said the ACC must take the responsibility for Jaha Alam for not arranging his bail and release from wrongful confinement.
Meanwhile, on April 21, the ACC filed a petition with the Appellate Division challenging authority of the High Court bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader to deal with any right or wrong corruption charge against Jaha Alam.
During hearing, ACC lawyer Khurshid Alam Khan told the Chamber Judge that a bench is designated to deal corruption related cases, appeals and petitions. But the bench which issued rule on Jaha Alam issue was not designated one.
Jute mill worker Jaha Alam who was wrongly imprisoned for more than three years got release from Kashimpur Jail in Gazipur on February 4 following an order of the High Court.
Earlier, on May 6, the High Court heavily came down upon the ACC for confinement of innocent Alam.
“How many bank officials were chargesheeted by the ACC in the cases? We will examine it. As ACC came to know innocence of Jaha Alam, it should have taken step to secure his release. The anti-graft body cannot avoid responsibility of confinement of an innocent person,” the High Court observed.
The High Court ordered ACC to submit documents of 33 cases filed over embezzlement of Sonali Bank money and confinement of Jaha Alam.
The ACC filed 33 cases for embezzlement of Tk 18 crore from Sonali Bank. Abu Salek, son of Abdul Kuddus from Shingia village in Thakuragon sadar upazila, reportedly embezzled the money through forgery.
Some officials of the anti-graft body in association with bankers made Jaha Alam a scapegoat to save real culprit Abu Salek.National Human Rights Commission (NHRC) investigated the matter and detected the miscarriage of justice.
A newspaper report on the issue came to the notice of the High Court which passed ruling on the ACC and ordered release of Jaha Alam.