The Anti-Corruption Commission (ACC) cannot contest over 150 cases regarding wealth statements mostly against different top politicians as a Supreme Court verdict stayed proceedings of a graft case against Awami League lawmaker Habibur Rahman Mollah.
People accused by ACC have so far filed over 150 petitions with the High Court questioning legality of the commission's filing and continuing cases involving wealth statement anomalies.
All of these cases were filed during the immediate past caretaker government under the Emergency Powers Rules. As a result, the petitioners felt that ACC "went out of its jurisdiction" in filing and proceeding the cases.
Some well-known names among the 150 petitioners are Nazmul Huda, his wife Sigma Huda, Mirza Abbas, his wife Afroza Abbas, and brother Mirza Khokon, Harris Chowdhury, Aman Ullah Aman, his wife Sabera Aman, Tarique Rahman's friend Giasuddin-al Mamun, Mamun's wife Shahida Yasmin and brother former lawmaker Hafiz Ibrahim, Mir Mohammad Nasir Uddin, his son Mir Helal Uddin, Officer-in-Charge of Fatullah police Ashraful Islam, Mohammad Nasim, his wife Liala Arjumand Banu, Dr Mohiuddin Khan Alamgir, Manjurul Ahsan Munshi, Iqbal Hasan Mahmud Tuku, Dr Firoz Mahmud Iqbal, his wife Imtiaz Begum, Orion Group Chairman Obaidul Karim, Salauddin Ahmed, former secretary ANH Akhter Hossain, his wife Naznin Banu, Rashid-un Nabi Millat, SM Ahsan Habib, Mofazzal Haider Chowdhury Maya, his son Dipu Chowdhury, Sheikh Helal Uddin, his wife Rupa Chowdhury, Abul Hasnat Abdullah, Mufti Shahidul Islam,
Atiqullah Khan Masud and his wife Shamima Khan.
On January 25, the SC granted the leave to appeal filed by Habibur Rahman Mollah against a previous HC verdict, which upheld ACC's legality and authority to continue proceedings against him.
The four-member full bench of the Appellate Division stayed the proceedings against Mollah and granted him bail for six months.
The apex court however asked Mollah to file a regular appeal with the SC against the HC verdict in four months.
ACC counsels Advocate Anisul Huq and Khurshid Alam Khan have recently told The Daily Star they cannot take any move against the petitions questioning legality of the ACC cases until disposal of Mollah's appeal.
The consequences of most of the ACC cases are involved with the case against Mollah, they said.
Earlier on October 3, 2007, ACC Assistant Director Syed Ahmed filed the case against Mollah with Ramna Police Station. The charges include concealing information about wealth worth over Tk 2 crore.
On April 21 last year, ACC AD and investigation officer (IO) Mahabubur Rahman submitted charge sheet to the Court of Chief Metropolitan Magistrate, Dhaka showing 25 people as prosecution witnesses.
On November 20, the HC delivered judgment ruling that ACC's sanction (permitting its officials) to file the graft case against Mollah was legal.
The HC observed that the provisions for all three ACC commissioners to sanction filing a case, submitting a report in 30 days since opening of an enquiry, and investigation report in 60 days since filing of the case were directory, not mandatory.
It also said the anti-graft body's receiving investigation reports from its officials and approving charge sheets for submission in the case were done with lawful authority.
The petitioner's counsels argued before the court that the commission's filing the cases and not completing the investigation within the stipulated time were illegal.
Earlier, the HC stayed the case proceedings in over 200 graft cases and issued rules on the government and ACC asking them to explain why the proceedings should not be quashed or declared illegal.