The Supreme Court stayed till May 13 the High Court rule regarding compensation to Jaha Alam who spent over three years in jail as he was wrongly implicated in 33 cases for misappropriating bank’s money.
Chamber Judge Md Nuruzzaman stayed the HC order on Tuesday following a petition filed by the Anti-Corruption Commission (ACC). The petition was referred to the full bench of the Appellate Division to be heard on May 13.Following newspaper report, the HC 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 HC 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 HC bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader to deal with Jaha Alam issue.
ACC lawyer Khurshid Alam Khan told the Chamber Judge that a bench is designated to deal petitions arising out of corruption cases. But the bench which issued rule on Jaha Alam issue had crossed its jurisdiction, he argued.
Jute mill worker Jaha Alam who was wrongly confined in jail for more than three years got release on February 4 following the HC order.Earlier, on May 6, the HC 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 about 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,” said the court.
The HC ordered ACC to submit documents of 33 cases filed over embezzlement of Sonali Bank money and confinement of an innocent person.
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, embezzled the money through forgery.
The anti-graft body in association with bank officials made Jaha Alam a scapegoat to save Abu Salek.
National Human Rights Commission (NHRC) investigated the matter and detected the miscarriage of justice.
The report published by newspaper came to the notice of the HC which passed ruling on the ACC and ordered release of Jaha Alam.