Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, September 26, 2017 10:30:24 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Appointment of Special Judge

By
01st-Jul-2017       
Comments
Share your thought
Post a comment »
Read all () »

(From previous issue) :
This is based on a wrong notion. Question of pendency of any proceedings does not arise at this preliminary stage. Because no case can be filed by the Commission against any person unless and until the investigation officer collects prima-jacie materials from which it can be inferred that the suspected offender has violated the law The -matter is at the preliminary stage. The Commission has been given the p0wer to holding inquiry as had been given to the defunct Anti-Corruption Bureau to hold an inquiry against any person before initiation of a proceeding.
11. The reason behind it is that un less and until the then Bureau, now the Commission, is satisfied that there is prima-facie materials against a public servant, who has allegedly Committed an offence under the Ain, the Commission normally does not disturb such public servant in the manner the police officer can arrest an ordinary offender on the basis of information regarding the commission of cognizable offence. Under the Ain of 2004, the horizon has been expanded and besides a public servant, the Commission has power to hold inquiry in respect of schedule offences against any person who has allegedly committed any offences.
12. Naturally, whenever the Commission gets information regarding the commission of an offence by any person which requires production and/or instruction of in document which is in custody of a bank or banker as defined in the Bankers' Books Evidence Act and relates to disclosing of any information of bank account of any person, prior permission to the Sessions Judge is necessary.
The session Judge in such eases passes an order in his administrative capacity because no proceeding has yet commenced. Under such Circumstances, on perusal or the report of the investigation officer in which he has disclosed the purpose for seizure of the documents in question, if the learned Sessions Judge is satisfied that the seizure of document or the inspection of the tank documents relating to handling of the account is necessary for the purpose of ascertaining the truth or falsehood to the in formation, he accords the permission.
13. If the views taken by the High Court Division are accepted, then it will not be possible on the part of the Commission to collect incriminating documentary evidence against any suspected offenders. Because there is only an information before the Commission that the writ petitioners have been indulging in money laundering through different bank accounts. If the accounts are not checked/freezed how the investigation officer can collect evidence or materials to instantiate the charge, if any, against the offenders? It is only on inspection of the banking documents and the ledger book etc. maintained with the banks, the investigation officer can ascertain whether or not the transactions made by the writ petitioners are so suspicious that the accounts might have been used for the purpose of money laundering.
14. The initiation of a proceedings under the law arises after collecting such materials on inspection of the banking transactions but if the suspected offender removes all the money from the bank, or destroys the documents relating to the Accounts with the help of bank officials, it will be difficult on the part of the investigation officer to collect evidence against them of the suspected offenders get scent of the movement of the Commission, they may withdraw the entire amount and leave the country. Under such eventuality, the suspected offender cannot be prosecuted. This is not the purpose for which the law has been promulgated.
15. After the preliminary inquiry if the investigation officer finds sufficient materials to initiate a case, he will then institute a case with prior permission of the Commission but before that stage is reached, the suspected offenders will be able to destroy all the documents in connivance  with the bank. Therefore, the High Court Division was totally unmindful in declaring the order of the learned Sessions Judge without lawful authority.
16. The High Court Division held that under the Money Laundering Protirodh Ain, the Special Judge is empowered to pass such order and that the learned Sessions Judge has no power to make such order.
It failed to notice that the learned Metropolitan Sessions Judge is ex-officio Senior Special Judge and under the Ain, it is the Metropolitan Sessions Judge who is authorized to pass such order. It has over looked section 3(2) of the Criminal Law Amendment Act which provides that "No person shall be appointed a Special Judge unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge. A Sessions Judge, an Additional Sessions Judge and an Assistant Sessions Judge are the officers to compose of a Sessions Division. A Sessions Judge in a Sessions Division is appointed under Section 9 of the Code of Criminal Procedure and he being the senior most judicial officers of the Sessions Division transfers the cases to Additional Sessions Judges or any other Judges for holding trial of cases as Special Judges of the Sessions Division. Again if we look at sub-section (2) of Section 4, it will be more clear that the Sessions Judge is the ex-officio Senior Special Judge of a Sessions Division. It provides:
"4(2) where two or more Special Judges have jurisdiction, wholly or partly in the same territorial limits, the Government shall, b) notification in the official gazette declare one of them to be the Senior Special Judge for that area and notwithstanding anything contained in subsection (1), such Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under this Ast committed or deemed to have been committed within that area.
17. These provisions are self explanatory and in this, regard no further explanation is necessary. The Sessions Judge in a Sessions Division is ex-officio Senior Special Judge and therefore, he has all the powers of a Special Judge within the meaning of the Criminal Law Amendment Act and the Durnity Daman Commission Ain. As observed above, the offences punishable under the Money Laundering Protirodh Ain are schedule offences of the Durnity Daman Commission Ain of 2004 clearly provides, that the offences punishable under the said Ain shall exclusively be triable by the Special Judge which includes the Senior Special Judge. Therefore, the High Court Division was totally unmindful in arriving at such conclusion. The decisions referred by the High Court Division in Nurul Huda vs Bahar Uddin, 41 DLR 395 and Zaved Khan vs A CC, 63 DLR 221 are also to the same extent based on misconception of law.
The judgment of the High Court Division is set aside. This petition is disposed of with the above findings and observation.
(Concluded)

Tariff
Add Rate

News Archive

Inside The New Nation

Sports »

Kenya`s Gladys Cherono celebrates after winning the women's race of the 44th Berlin marathon in Berlin, Germany on Sunday.


Entertainment »

After recovery Sheikh Runa wants to return in play direction


Promising play director Sheikh Runa has been passing days on bed at hospital now. On September 8 while returning to Dhaka from Sirajganj she was critically injured in a road mishap. Among 12 out of 14 persons of that microbus were killed in that accident. Fortunately Runa was saved. Now ...

Editorial »

Angela Merkel wins Fourth Term


ANGELA Merkel creates history by winning election fourth time. Her Christian Democratic Union/Christian Social Union (CDU/CSU) had maintained a double-digit lead over the Social Democratic Party (SPD) led by Martin Schulz in opinion polling since the 2013 election. Merkel's conservative bloc won 32.5 percent of the vote, making them the ...

City »

Chief Justice Surendra Kumar Sinha administering oath of office to two newly appointed members of Bangladesh Public Service Commission Nurjahan Begum and Kazi Salahuddin Akbar at the Supreme Court Judges Lounge on Monday.


International »

Abe announces snap election amid worries over N Korea crisis


Reuters, Tokyo :Japanese Prime Minister Shinzo Abe said he would dissolve parliament's lower house on Thursday for a snap election, as he seeks a fresh mandate to overcome "a national crisis".Abe, in power for five years, said he needed a mandate to shift some revenues from a planned future tax ...

Editorial »

Despite repeated global condemnation plight of Rohingyas worsens


THE inflow of Rohingya refugees from violence-torn Rakhine State in Myanmar slowed for the last few days owing to bad weather but thousands have started entering Bangladesh once more. According to news sources, at least 10,000 refugees have arrived in Bangladesh so far since last Saturday. Moreover, Amnesty International has ...

Cricket »

Shane Warne accused of hitting porn star


Former cricketer Shane Warne has been accused of hitting a porn star as a row escalated at a nightclub in Mayfair.Valerie Fox took to Twitter to share pictures of her alleged injuries - including a bruised eye - after the incident."Proud of yourself? Hitting a woman? Vile creature," she tweeted.The ...

Sports »

Member of FIFA Mahfuza Akter Kiron handing over the prize to a winner of the AFC Under-16 Women's Championship at Chonburi in Thailand recently.


Entertainment »

Khurshid Alam to get Lifetime Achievement Award


Entertainment Report :Legendary singer Khurshid Alam will get the Lifetime Achievement Award in this year’s Channel i Music Award. The award giving ceremony will be held on September 29 at Bangabandhu International Conference Center in the city’s Agargaon area. Awards in sixteen categories concerning music will be given in this ...

City »

Bangladesh Government Primary School Employees Welfare Association formed a human chain in front of the Jatiya Press Club on Sunday demanding nationalization of clerical jobs.


Life »

Even refined sugar invites health risks


Life Desk :When the rest of the world is turning their face away from refined or processed sugar, consumers in Bangladesh have been tending to the detrimental food item. Refined white sugar attracts a large proportion of consumers, but domestically made cane sugar cannot take its fancy, though it is ...

International »

Missile strike on US inevitable: N Korean FM


AP, United Nations :North Korea's foreign minister told world leaders Saturday that U.S. President Donald Trump's insult calling leader Kim Jong Un "rocket man" makes "our rocket's visit to the entire U.S. mainland inevitable all the more."Ri Yong Ho called the American president "a mentally deranged person full of megalomania ...

Sports »

Members of BKSP team, who became champion in Under-16 two-day long Judo Competition pose for photo with the trophy and guests at the Shaheed Suhrawardy Indoor stadium in Mirpur on Saturday.


Editorial »

India to supply Myanmar arms!


INDIA has shunned its reputation of being democratic, generous and hospitable country. They have decided to strengthen their security along the largely porous eastern border with Bangladesh and is using "chilli and stun grenades" to block the entry of Rohingya Muslims fleeing from violence in their homeland of Myanmar. Border ...

Entertainment »

I am not Varun Dhawan that I can dance with Ileana D'Cruz


Sanjay Dutt is all set to make his comeback on the silver screen with Bhoomi that hits the theatre tomorrow. The film revolves around a father who is seeking revenge from the molesters of his daughter's dignity.With Aditi Rao Hydari playing the role of a daughter to Dutt, the senior ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news