ACQUITTING MAYA IN GRAFT CASE
HC didn�t apply judicial mind
Says Appellate Division in its full verdict
The Appellate Division of the Supreme Court yesterday released the full verdict on cancellation of the High Court order acquitting relief and disaster management minister Mofazzal Hossain Chowdhury Maya of graft charges.
The High Court did not apply its judicial mind in acquitting Mofazzal Hossain Chowdhury Maya of the graft charges. We find no cogent ground to absolve him... We find infirmity in the judgment of the High Court Division, and have no option other than to send back the matter on remand for fresh hearing by the High Court Division, the apex court verdict said.
The HC shall dispose of the appeal on merit expeditiously. The impugned judgment of the HC is set aside, it further said.
Both defence and prosecution lawyers were locked in a fresh debate following the release of the apex court verdict.
Anti-Corruption Commission (ACC) lawyer advocate Khurshid Alam Khan said Maya is not a Parliament member in the eyes of the law.
He cited Article 66 of the Constitution. As per Section 2 of its Sub-Section D: A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.
Maya was sentenced to 13 years imprisonment in 2008 for amassing wealth worth more than Tk. 6 crore illegally, beyond his known sources of income.
He said there is no scope of retaining Mayas Parliament membership following the apex court verdict, as Section 2 of Article 66 of the Constitution would be applicable in Mayas case.
Moreover, he said, Parliament should take a decision about Mayas fate after conducting an open discussion. On the other hand, Mayas counsel, advocate Abdul Baset Majumder, told reporters that there is no scope to cancel Mayas Parliament membership, as Section 2 of Article 66 will not be applicable in Mayas case.
He also said the appeal against the conviction is a continuation of the trial. Since Mayas appeal is pending disposal, his Parliament membership cannot presently be cancelled, he added.
In 2007, the ACC filed a case at the Sutrapur Police Station against Maya, accusing him of amassing wealth beyond his known sources of income and concealing information about wealth worth Tk. 29 lakh.
On February 24, 2008, a lower court sentenced him to 13 years imprisonment in connection with the case, and instructed the authorities concerned to confiscate wealth worth Tk. 5 crore.
Maya, who was on the run during the trial, did not stand in the 2008 parliamentary elections. He returned home after his party came to power. He filed the appeal with the HC on May 25, 2009, challenging the trial courts verdict. On October 27, 2010, the High Court cleared him of the graft charges.
The ACC lodged an appeal against the ruling, and the Appellate Division of the Supreme Court cancelled the HC order on June 14, and ordered a fresh hearing on the appeal in the High Court.
It (the High Court) did not assess the evidence on record, although the special judge on assessment of the evidence convicted the respondent (Maya), the three-member bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, said in its full verdict.
