Unique judgement against former CJ SK Sinha17 January 2022 Editorial Desk
This judgement is surely a unique one in the history of criminal jurisprudence. Before we receive any money we have to know how the money was accrued. If illegally, then we are to be punished as beneficiary.
Below we reproduce sections from judgement of more than one hundred pages:
Having gone through evidence led by PW-1 Sayeed Iqbal Hossain, PW-21 Md. Benzir Ahmed and the facts of deposit of the sanctioned loans amount in the account of accused person Mr. Justice Surendra Kumer Sinha, we hold that Ranajit Chandra Saha was intimate to accused persons Shahjahan and Nironjan and that they all are the permanent inhabitants of same area under Tangail district and that Ranjit was friend of Sahajahan and a relation of Nironjan and that Ranjit abated Md. Sahajahan and Nirojan Chandra Saha to get their signatures on some documents and papers which have been turned into documents relating to loans.
Charge sheet also reveals the facts that they are not the beneficiaries of the loan and that they became the subject to fraud of Ranjit Chandra Saha and that they on good faith, signed some documents which were used in making loans in their names and that they are not the beneficiaries of the loans. In view of evidence in record, we hold that the accused persons Sahajahan and Nironjan did not have any mens rea in putting their signatures on the documents. Resultantly, offence of abatement under Section 409/109 of the Penal Code, 1860 do not attract against them and the prosecution has failed to prove the allegations of charge for the offence under Section 409/109 of the Penal Code against the accused persons Md. Sahajahan and Nironjan Chandra Saha.
We have observed earlier that the bankers accused persons of the branch violated the banking laws & rules, practices and Credit Policy and have illegally and dishonestly forwarded the Credit Proposals to the Head Office and that the Head Office, violating the Credit Policy of their own bank, illegally and dishonestly, gave sanction/approval of the Credit Proposals and that the accused Officers of the Branch violating the terms and conditions of the sanction letters, have dishonestly and illegally disbursed the sanctioned loan in the account of Mr. Justice Surendra Kumar Sinha.
The sentence of convict accused person Mr. Justice Surendra Kumar Sinha awarded under Section 409 read with Section 109 of the Penal Code, 1860; and under section 4(2) of the Money Laundering Prevention Act, 2012; shall run concurrently and the sentence shall take effect on or from the date of his arrest or surrender, as the case may be.
The judgement was delivered by Sheikh Najmul Alam of the Special Judge Court-4 of Dhaka.