The Anti-corruption Commission (ACC) has no power to pass any order to freeze property of an individual even though that property is allegedly acquired through illegal means. The ACC can do it following court order.
The High Court (HC) has made the observation in the full text of a verdict which was released on Wednesday.
The verdict says that the Anti-corruption Commission Rules, 2007 doesn’t give any power to an inquiry or investigating officer or any other officer of the ACC for freezing or attachment of a property acquired in illegal way or otherwise imposing any restriction to enjoy the same at his own whim.
The court in the observation said that if anyone wants to seize property or freeze bank accounts, the ACC official concerned has to apply to a senior special judge or judicial court. If the court is satisfied with the order on the basis of sufficient evidence, then there is an opportunity to freeze the bank account or seize the property even if the property has been possessed through an unlawful way.
“Finally, the court concerned may pass an order of attachment or freezing the property after being prima-facie satisfied that the said property has been acquired by the person concerned by illegal means,” says the verdict.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman delivered the short verdict on June 27, declaring illegal the order of an investigation officer (IO) of the ACC to freeze the bank account of Belayet Hossain, a pharmacy trader in Cox’s Bazar.
An ACC official can’t give any directive to freeze a person’s bank accounts, the court said in the short verdict.
The higher court delivered the verdict following a writ filed by Belayet Hossain, challenging the legality of the order issued by an IO of the ACC to freeze his bank accounts.
Assistant director of ACC’s Chattogram-2 integrated office Md Sharif Uddin on January 6 this year directed the manager of Cox's Bazar branch of Social Islami Banl Limited to freeze the bank account of Belayet Hossain.
Later, Belayet Hossain filed the writ to the High Court challenging the legality of the ACC official Sharif Uddin’s directive.
