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The anti-graft cases filed against high-profile accused are getting quashed or stayed due to trivial technical glitches although allegations brought against them have merit and were substantiated.
The Anti-Corruption Commission (ACC) cases are mainly facing problems like issuance of notices on 50 such accused by the ACC secretary when the three-member commission was not formed and filing some cases without sanction.
More than 200 high-profile accused have so far obtained stay orders on their cases filed in absence of sanction by the commission.
"The charges the anti-graft body brought against Alamgir were substantiated with documents and evidence. The High Court order given in his case did not consider the charges," an ACC top official told The Daily Star.
Speaking anonymously, another ACC high official explains that the verdict was given based on absolutely technical grounds and non-pertinent to the allegations brought against MK Alamgir.
Alamgir was cleared of the charges based on the technical grounds that the secretary cannot issue a notice on graft-accused when the commission was non-existent, the ACC official adds.
Alamgir submitted his wealth statement on February 22, 2007 before the anti-graft commission started working on February 25, 2007, ACC lawyers say.
Among the 50 graft accused, another 25 including Iqbal Hasan Mahmud Tuku, Mufti Shahidul Alam, Mir Nasir, Ali Asgar Loby, Anwar Hossain Manju and Joynal Hajari were convicted and are likely to be acquitted following the order against Alamgir.
The ACC is however preparing to challenge the HC orders including the one given in Alamgir's case to have a final decision from the Supreme Court as they think charges brought against the accused have absolute merit and were substantiated.
The section 5 (2) of the ACC Act, 2004 says no activity of the commission would be illegal and questioned in any court only due to vacancy in any posts of the commissioners or flaw in establishing the commission, ACC officials say.
Asked about the matters, ACC chief Ghulam Rahman refused to make any comments and said, "The commission will work in accordance with its laws. The commission will take decisions over the matter regarding Alamgir as early as possible once the court order reaches our hand."
"We are waiting for official release of the court order. We'll challenge the verdict at Supreme Court without any delay on receipt of the order. We'll see the matter till the Appellate Division as allegations brought against Alamgir have absolute merit," ACC counsel advocate Khurshid Alam Khan told The Daily Star.
Besides, ACC officials and counsels also criticise the government mentioning the role of the Office of Attorney General regarding Alamgir getting the verdict against him cancelled.
They allege the AG office supported the ground Alamgir's lawyers raised before the court for cancelling the verdict.
ACC counsels say both the AG office and Alamgir's lawyers made almost same presentation on the same grounds.
The HC on July 13 passed the order regarding the case against Alamgir adjudging that the conviction was illegal.
Immediately after the verdict against Alamgir was scrapped, his lawyers said the court scrapped the conviction and sentence against Alamgir on grounds that the notice and filing of the case had no legal effect.
A special judge's court in Dhaka earlier awarded Alamgir, also a former state minister, the sentence on charges of amassing wealth illegally and concealing information in statement submitted to ACC.
The 200 graft-accused who secured stay due to lack of sanction include Prime Minister Sheikh Hasina, Leader of the Opposition Khaleda Zia, Mosaddek Ali Falu, MA Hashem, M Morshed Khan, Haji Moqbul Hossain, Kamal Mazumder and Mirza Abbas, ACC counsels say.
The lawyers of the graft accused while arguing mentioned that though ex-post facto ordinance was passed to give ACC secretary's initiatives including issuance of notices legality since February 7, the ordinance was not ratified in parliament and the cases cannot withstand the fault.
"There is no chance of having an appeal allowed taking advantage of legal loopholes. An appeal will never be allowed only based on technical grounds. We have received the verdict based on merit," claims Ahsanul Karim, Alamgir's lawyer.
