Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, April 26, 2019 10:58:27 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

Football »

Lewandowski brace wins thrilling German Cup semi-final for Bayern


Bayern Munich will face RB Leipzig in the German Cup final next month after Robert Lewandowski fired them to a 3-2 win over a valiant Werder Bremen on Wednesday.Lewandowski scored twice in a highly entertaining last-four tie to reach the final for the 23rd time.Bremen were unfazed by their role ...

Entertainment »

Sherlyn Chopra encourages her fans to vote


As elections in India are underway, Bollywood celebrities are encouraging people to exercise their right to vote. On Monday, the king of romance, Shah Rukh Khan and the sultry and fierce, Sherlyn Chopra released their individual rap music videos on their respective social media accounts. Although, Shah Rukh Khan’s video, ...

International »

Prince William attends emotional Anzac Day ceremony in New Zealand


AFP, Wellington :Britain's Prince William paid tribute to Australian and New Zealand troops on Thursday at an emotional Anzac Day ceremony, six weeks after the Christchurch mosques massacre.The Prince, in New Zealand to meet survivors of the March 15 shooting in which 50 people were killed, laid a wreath at ...

Editorial »

GDP data demanded by CPD won't be coming


Independent think-tank Center for Policy Dialogue (CPD) said when a government comes to power; it takes new initiatives in line with its electoral pledges. Yet nothing mentionable could be seen after the current government took office. It said an entrenched vested group is framing policies, taking the government in its ...

Football »

Long breaks fastest goal record as Gray snatches late point for Watford


Southampton striker Shane Long scored the fastest goal in Premier League history on Tuesday after netting just 7.69 seconds into his side's 1-1 draw at Watford, who snatched a point thanks to Andre Gray's late equaliser.Long's record-breaking goal came immediately after the kick-off when he blocked a clearance from Watford ...

International »

Pro-EU party launches election campaign as UK MPs return from break


A new anti-Brexit political party launched its campaign Tuesday for next month's European Parliament elections as British lawmakers returned from their Easter break with rumours of fresh bids to topple Prime Minister Theresa May.Change UK, formed by breakaway MPs from Britain's two main parties disgruntled at their stances on Brexit, ...

Business & Economy »

Zarish Couture, an exclusive fashion house was inaugurated at house: 103, road: 13/A, block-C, Bananni in the city on Saturday. Farzana Rahman, Managing Director of the fashion house and Actor Siam Ahmed were also present.


Entertainment »

Sri Reddy writes an open letter to Chief Minister


Actress Sri Reddy who became a sensation for raising her voice against casting couch in Tollywood is back to making the headlines.  Sri Reddy, on Friday, wrote an open letter to K Chandrasekhar Rao, Chief Minister of Telangana and requested him to personally investigate about the sexual harassment that is ...

Entertainment »

Twitter user calls Priya Anand ‘bad luck’ for co-stars, actress hits back


Actress Priya Anand, who is popular for her roles in Telugu films 180, Ko Antey Koti and Leader, was trolled and called ‘bad luck’ for actors. Tamil actor JK Rithesh, who was recently seen in LKG, has passed away recently due to severe chest pain. Last year, actress Sridevi passed ...

National »

SIRAJDIKHAN (Munshiganj): Health Department, Sirajdikhan Upazila brought out a rally marking the National Nutrition Week yesterday .


International »

Probe shows Sri Lanka attacks 'retaliation for Christchurch': Govt


AFP :Islamist suicide bombings that killed more than 300 people in Sri Lanka at the weekend were carried out in revenge for last month's attacks on two mosques in New Zealand, the government said Tuesday, citing an initial police probe.The revelation came as the death toll in the Easter Sunday ...

Editorial »

Deadly gas pipe line blasts: Who will take responsibility?


THE gas line explosion that killed two garment workers and injured six others in a residential block in Narayanganj on early Monday is not an isolated incident, rather an explicit exposure of the danger of derelict, faulty and illegal gas connections and substandard gas burner uses. We observe that incidents ...

City »

Economist Debapriya Bhattachariya speaking at a media briefing on 'First One Hundred-Day of the Present Government: Independent Review of Bangladesh's Development' organised by CPD in CIRDAP Auditorium in the city on Tuesday.


Sports »

Houston Rockets guard Eric Gordon (10) defends against Utah Jazz guard Donovan Mitchell (center left) in the first half during Game 4 of a first-round NBA basketball playoff series in Salt Lake City on Monday.


Football »

Ronaldo '1,000 percent' with Juventus


Cristiano Ronaldo said on Saturday he is "1,000 percent committed" to staying with Juventus next season after claiming his first Serie A title.Massimiliano Allegri's side needed just one point to nail down its eighth straight league championship, which helped ease some of the pain of its shock Champions League exit ...

 
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