Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, September 25, 2018 07:57:39 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Investigation by an ASI does not per se become without jurisdiction

By
24th-Mar-2018       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division  :
(Criminal Revisional Jurisdiction)
Bhabani Prasad
Singha J
SM Mozibur Rahman J
Ziauddin Ahmed .....
.... Accused -Petitioner
vs
State............
..........................Opposite-Party
Judgment
September 10th, 2015.
 Code of Criminal Procedure (V of 1898)
 Section 561 A
Anti-Corruption Act (XXVI of 1957)
Section 3
Investigation by an ASI does not per se become without jurisdiction and a proceeding cannot be quashed mainly because there is irregularity, if any, in the investigation. ....(10)
Md Abul Hossain vs State, 19 BLD (AD) 97 = 4 BLC (AD) 122 ref.
None appears- For the Petitioner
Md Khurshid Alam Khan, Advocate- For the ACC
Judgment
Bhabani Prasad Singha J : This Rule W,15 issued calling upon the opposite party to show cause as to why the proceedings of Special Case No.4 of 1913 arising out of Bajitpur PS Case No. 9 (11) /87 GR Case No. 75(2)/87 under Sections 420/468/478/109 of the Penal Code read with Section 5(2) of the Anti-Corruption Act, 1947 pending in the Court of Additional Sessions Judge and Special Judge, Kishoreganj should not be set aside and / or pass such other or further order or orders as to this Court may seem fit and proper.
2. The facts leading the this instant  Criminal Revision case under Section 561A of the Code of Criminal Procedure, 1898 are that on 28-11-1987 one Serajuddin Ahmed, Assistant Inspector DAB, Kishoreganj lodged a written First Information Report with Bajitpur PS, Kishoreganj alleging that the accused Afsar Ali Akanda on the strength of some false papers showed him as a primary school teacher of Saygoan Govt. Primary School, PS Bedarganj, Faridpur from 16-9-1978 to 16-9-1981 and he on the strength of false transfer order of the DDPf, Dhaka Division to the effect that he has been transferred to Purakandi Govt. Primary School under Bajitpur PS and District Kishoreganj as an Assistant Teacher. He with his false Service Book, LPC and transfer order appeared before Ziauddin Ahmed, the then Thana Education Officer, Bajitpur, Kishoreganj who directed the Head Master concerned to accept his joining report. Accordingly, the accused Md Afsar Ali Akanda joined there and served there as an Assistant Teacher from 30-9-1981 to 31-7-1984 and drew Taka 16,028.62 in total as salary and allowances by adopting the means of forgery and cheating.
3. After investigation, chargesheet was submitted against the accused-petitioner and others under Sections 420/468/471/109/409/ 420 of the Penal Code read with Section 5 (2) of the Anti-Corruption Act, 10-17.
4. After submission of chargesheet in this case, it was transmitted to the Senior Special Judge, Kishoreganj and was numbered as Special Case No.4 of 1993.
5. Being aggrieved by and dissatisfied with the impugned proceedings in Special Case No.4. of 1993, the accused-petitioner preferred the instant Criminal Revision under Section 561 A of the Code of Criminal Procedure and obtained the Rule.
6. No one appears on behalf of the accused-petitioner although the case appeared in the cause list for several dates.
7. Mr Md Khurshid Alam Khan, the learned Advocate appearing on behalf of the State submits that the revisional application under section 561A of the Code of Criminal Procedure has been filed agitating. that the investigation being conducted by an ASI, of police without obtaining sanction from the Bureau of Anti-Corruption and hence without jurisdiction; that the said point of agitation has already been decided by the Appellate Division in the case of Md Abul Hossain vs State reported in 19 BLD (AD) 97 = 4 BLC (AD) 122 and, as such, the question of sanction before taking cognizance does not arise at all. The learned Advocate further submits that there being no merit in the case, the Rule is liable to be discharged.
8. Heard the submission of the learned Advocate and perused the materials on record.
9. On perusal of the instant revisional application, it appears that the accused-petitioner has filed the instant revision on the grounds that although the accused-petitioner and others are public servant, without prior sanction from the Government proceeding against them is violative of Section 5(2) of the Anti-Corruption Act, 1947; that the investigation of the case was taken out by an AST of Police and, as such the impugned proceedings is liable to be quashed.
10. It is worth mentioning that another Division Bench of High Court Division in Criminal Revision Case No. 202 of 1993 and Criminal Revision Case No. 1805 of 1992 arising out of the same case, discharged the Rules issued in aforesaid Criminal Revision Cases holding that no substance was found in the Rule relying on the case of Md Abul Hossain vs State reported in 19 BLD (AD) 97 = 4 BLC (AD) 122. Our Apex Court, in said case, held that in view of the provision of Section 3 of the Anti-Corruption Act, 1947, the investigation held by an AST of the Bureau of Anti-Corruption was not illegal and without jurisdiction. Our Apex Court further held in the same decision that the investigation by an ASI does not per se become without jurisdiction and a proceeding cannot also be quashed mainly because there is irregularity, if any, in the investigation. We are in respectful agreement with the aforesaid decision of our Apex Court.
11. In the light of discussion made here above, we find no substance in the Rule and, as such, it is liable to be discharged.
12. In the result, the Rule is discharged.
The interim order passed at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be transmitted down to the court concerned at once.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Maldives' people reject authoritarian rule and voted for democracy


MALDIVES strongman President Yameen Abdul Gayoom conceded that he lost Sunday's election to his challenger Ibrahim Mohamed Solih, in a speech broadcast live on television Monday, according to the international media. Mr Yameen congratulated Solih and said, "I know I have to step down now."  The Election Commission said voter ...

Cricket »

'Rashid is best but not unplayable' says Mahmudullah


Mahmudullah Riyad sorted out a vigorous 74 against Afghanistan rescuing Bangladesh from a plausible downfall.Mahmudullah Riyad and Imrul Kayes stood tall in the middle when the team was languishing losing all five in the top order in a score of 87 on the board. The duo added 128 runs in ...

International »

Thousands attend funeral for Iran attack dead


AFP :Tens of thousands of mourners attended a funeral on Monday in the southwestern Iranian city of Ahvaz for soldiers and civilians killed in an attack on a military parade.Four militants attacked the Saturday parade marking the start of the 1980-1988 Iran-Iraq war, spraying the crowd with gunfire and killing ...

City »

Prime Minister Sheikh Hasina addressing a reception accorded to her by the expatriate Bangladeshis at a hotel in New York on Sunday.


Entertainment »

Mehazabien, Apurba in Puja special play


Sheikh Arif Bulbon :Popular pair of the small screen of present time Mehazabien Chowdhury and Ziaul Faruk Apurba worked together in a special play of Durga Puja for the first time. Title of the play is Priyo Tumi. Directed by Mahmudur Rahman Himi story of the play is written by ...

Editorial »

Attack on Iran`s elite guards


IRANIAN Supreme Leader Ayatollah Ali Khamenei accused US-backed Gulf Arab states of carrying out a shooting attack on a military parade that killed 25 people, almost half of them members of the country's elite Revolutionary Guards. Khamenei ordered security forces to bring to justice those responsible for one of the ...

Sports »

Bertens defeats Tomljanovic to secure Korea Open win


AFP, Seoul :Kiki Bertens defeated Australia's Ajla Tomljanovic in the Korea Open final on Sunday, securing her third WTA Tour singles title of the season to continue her career-best year.The second-seeded Bertens came back from break down in the deciding set to defeat the Australian in two hours and 22 ...

International »

World leaders gather at UN under threat from unilateralism


AP, United Nations :With rising unilateralism challenging its very existence, the United Nations convenes its annual meeting of world leaders Monday and will try once more to tackle problems together as a community of nations, addressing threats ranging from Mideast conflicts to the effects of global warming - and also ...

City »

National Professor Anisuzzaman seen among others at the cover unveiling ceremony of a book marking the 80th birthday of eminent writer Hasan Azizul Haq organised by Bangladesh Culture at Jatiya Press Club yesterday.


Entertainment »

Nazira Mou to debut in film with Indraneil


Sheikh Arif Bulbon :Viewers’ choice popular actress Nazira Mou has been acting in small screen for many days. She got many offers for acting in big screen. But she did not agree to act due to disliking stories and her roles in those works. When Mou got the proposal from ...

Editorial »

CPJ reveals weakness of journalists by appealing to President


THE Committee to Protect Journalists (CPJ) in a letter to the Bangladesh President has expressed deep concern about the Digital Security Act 2018, which was passed by the Parliament on September 18, and urged him to return it to Parliament for a review afresh.   If this legislation was allowed to ...

International »

Modi faces calls for resignation over French jet deal


Reuters, New delhi :Indian Prime Minister Narendra Modi faced calls for his resignation over allegations of corruption in a military jet deal with France after former French president Francois Hollande was quoted as saying New Delhi had influenced the choice of a local partner.Indian political parties have been gunning for ...

International »

US official in Russia probe suggested taping Trump: Report


Reuters, Washington: The US official who oversees the federal investigation into Russia's role in the 2016 U.S. election suggested secretly recording President Donald Trump last year and recruiting Cabinet members to invoke a constitutional amendment to remove him from the White House, the New York Times reported on Friday.Deputy Attorney ...

Football »

Tabarez renews with Uruguay until Qatar World Cup


AFP, Montevideo :Despite failing health the veteran coach Oscar Tabarez has signed a four-year contract extension to remain at the Uruguay helm until the end of the 2022 World Cup in Qatar, the South American country's football federation said on Friday.Tabarez, who suffers from a nerve disorder that forces him ...

City »

People of the Shia community brought out a Tazia procession in the city on the occasion of Holy Ashura. The snap was taken from Azimpur area on Friday.


 
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