Untold Facts

Commentary: Country needs strong judges to fight corruption in high places

A Counsel of the Anti-Corruption Commission was yesterday told by a judge of a High Court Division Bench that the ACC commissioners were themselves involved in corruption in the name of inquiring corruption by others.

The terse observation came as the ACC counsel prayed for more time on Tuesday which was set for final hearing of the writ against a graft case against Prime Minister Sheikh Hasina regarding the construction of the Bangabandhu Planetorium.

His lordship told the ACC lawyer that commissioners of the anti-graft body would complain that the court was seting all accused free, and put the blame on the court Don’t they feel ashamed of making such statements, a learned judge of the High Court Bench sought to know from ACC Counsel AKM Fazlul Huq.

The High Court Division Bench comprising Justice AHM Shamsuddin Chowdhury and Justice Borhanuddin was scheduled to hear the final submission by the ACC counsel. Advocate Fazlul Huq earlier submited that he was not in a position to present his points as he could not examine papers as he got the case file only the day before.

Recently there had been a media reporting against the granting of bail to accused and convicted people from a High Court Division Bench. A section of the press also printed the portraits of the concerned justices who granted bail.

Atorney-General Mahbubey Alam asked for making public the report of a commitee on the maintenance of case records and files at High Court bench offices.

Meanwhile, the government’s delay in initiating a move for hearing in an appeal filed by a ruling party lawmaker against a High Court verdict on corruption suspects has halted trial or investigation of a total of 508 graft cases.

The Awami League lawmaker, Habibur Rahman Mollah, filed the appeal against the High Court ruling that had legalised the Anti-Corruption Commission’s proceedings against high-profile graft suspects during the Emergency. Although the High Court in its verdict delivered on November 20, 2008 cleared the way for ACC to file cases against corruption suspects, the Commission could not go ahead with the cases since the Appellate Division by an interim order had stayed the verdict upon a petition filed by the AL lawmaker, said a counsel for the Commission.

The Appellate Division on January 25, 2009 granted bail to Habib in the case in which he was arrested during the emergency. The court accepted his petition seeking leave to appeal against the High Court judgment that had declared valid a graft case against him. When asked whether the government would take immediate steps for an expeditious hearing in Habib’s case as it had halted proceedings in most of the graft cases, Atorney-General Mahbubey Alam replied, ‘It is their [ACC] responsibility to move [for the hearing].’ When asked if the Government was a party to the Habib case, Mahbub said, “yes”.

From the above facts and circumstances it should be clear that corruption cases are creating complicated situations and unbearable constraints for the lawyers as well as the judges.

If cannot he said that there is no corruption among officials of anti-corruption commission when the truth is, there is corruption in every sphere of our public life. The judges are also not so aware of the corruption in the judiciary. We appreciate the ire expressed by his Lordship Mr. Shamsuddin Chowdhury. What we want to emphasise is, by taking into consideration the entrenched corruption in the country, that our country cannot ignore corruption and establish fair justice and good governance for the general public. Those who are in public life used to feel that the law is not above them, they are above the law. Even now many of the big corrupt ones boastfully move about without caring about their convictions in corruption cases. This shows they are using the power of their black money. One could be critical about the role of the Anti-Corruption Commission but convictions were given by the courts.

His Lordship cannot also deny that politics has in general become hugely profitable and well-protected corruption business. Plundering public money of this poor country so freely with such impunity should be a mater of shame for every conscious man and woman of our country.

Only judges of strong character and huge courage can show for the corrupt ones, however influential they may be, the law is above them and everybody is not purchasable and weak when it comes to fighting corruption with people’s money.

Just because there are some corrupt ones among Anti-Corruption officials it cannot be a defence for the corruption of others before the court, specially when they have been found guilty by the court of law.

It is a big challenge for the country to fight corruption in public offices, dealing with public money.

Source: The New Nation