Around 41 years ago, a case was filed over money embezzlement in a private bank’s branch in the capital. The trial is yet to be finished, while all three accused, including two bankers, are still at large.
Some three of total 14 witnesses in the case were presented before the court. Some have already passed away. The court has now set a date for delivering its judgment in the case.
According to a Prothom Alo investigations, a total of Tk 2,23,700 was embezzled from the Agrani Bank’s Moulvibazar branch in Old Dhaka on 21 October 1983, using forged cheques. The bank authorities filed a case on 7 November, accusing three individuals, including two officials of the bank – Kazi Nurul Islam and Swapan Kumar Bhowmik.
It took 30 years for the prosecution to bring the plaintiff to court. In the following 10 years, the prosecution had consistently been seeking time from the court to produce witnesses. The statement of a witness was deposited last year, while that of the investigation officer in April this year.
Since then, the state could not bring any other witnesses to the court.
According to a court dated 23 September, the Anti-Corruption Commission (ACC) had sought more time to produce witnesses, but the court denied it and fixed a date for argument. The ACC on 20 October sought yet another extension to prepare for arguments, but the divisional special judge’s court in Dhaka denied it and fixed 14 November for delivering its judgment.
When asked about the delay in the case, the ACC prosecutor, Mohammad Rafiqul Islam, said many witnesses had died as the case is dated 41 years back. The witnesses could not be traced despite repeated summons and arrest warrants from the court.
However, noted lawyer Ehsanul Haque Samazi refuted the ACC lawyer’s statement and expressed a firm conviction that there was severe negligence in handling the case.
While talking to Prothom Alo, he said, “Why should a corruption case drag on for 41 years in a trial court? It wouldn’t have taken this long to produce witnesses had the state been sincere. It is their negligence that delayed the case for so many years.”
Decades of delay
Analysing documents, it was learned that Abdul Majid, the proprietor of Bilas Trading, deposited a forged check to the Moulvibazar branch of Agrani Bank and withdrew Tk 2,23,700 in collusion with the two bank officials.
Over the incident, the bank’s former general manager, Mir Ashraf Ali, filed a case against three individuals with the Lalbagh police station, under section 5(2) of the prevention of corruption act.
Two years later, the police submitted the charge sheet to the court on 15 May, 1985. The criminal investigation department (CID) submitted a supplementary charge sheet in 1994, responding to a request from the state. The court took the submission into its cognizance and framed charges against the three on 16 February in the following year.
Later, the accused filed a writ with the High Court, challenging the trial court’s order, and it was followed by a rule on 24 May. A decade later, the High Court ruled on 23 February, 2005, that the case procedure should not be stopped.
The prosecution managed to bring the plaintiff to the court on 24 November, 2013. It took another decade for the state to present the second witness in the case before the court. In August 2023, then principal officer of the branch, Nurul Haque Dewan, deposited his testimony. Later, the second investigation officer, former additional deputy inspector general of CID Abdul Kahar Akand, testified on 30 April.
According to documents, the court could not bring the remaining eight witnesses. The court issued letters to the ACC 15 times throughout the last decade, asking it to present the witnesses. Lastly, it sent a letter to the ACC director general (prosecution) on 25 July and asked to bring the remaining witnesses. The letter also mentioned a high court directive to dispose of old cases.
Nevertheless, no further witnesses appeared in court. When asked about the case, ACC director general (prevention) Akhtar Hossain told Prothom Alo that he has no idea if any 41-year-old case is pending in the Dhaka courts. He, however, will look into the issue.
Over the delay, former district and sessions judge Saifuzzaman Hero said if a corruption case cannot be disposed of even in 41 years, it serves a negative message to the society. “Those who disregarded court orders should be identified and held accountable. The court concerned can take action in this regard, if it feels necessary.”