HC says govt interference in ACC case withdrawal illegal

HC says govt interference in ACC case withdrawal illegal

The High Court on Wednesday said that the government interfered with the affairs of an independent body by taking a decision to withdraw an Anti-Corruption Commission case and persuading the prosecutor to withdraw it from the trial court.

In a short order on December 10, 2020, an online bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman cancelled an order of the Sylhet Divisional Special Judge that acquitted a union parishad chairman and three members of corruption charges on January 26, 2012.

It followed a recommendation from the Home Ministry on February 11, 2010.

The HC in the order also declared the ministry’s recommendation to withdraw the ACC case illegal.

The HC in the full judgement, which was released on Wednesday, said, ‘Such an endeavour on the part of the government can be regarded as a naked interference in the affairs of an independent body like the commission.’

The court said that section 3(2) of Anti-Corruption Commission Act 2004 postulates in clear terms ‘the Anti-Corruption Commission shall be an independent and impartial body.’