Graft charges against Justice Sinha: Govt 'waiting' as ex-law minister suggests probe

Former law minister Shafique Ahmed thinks the Anti-Corruption Commission or ACC should move to investigate charges of corruption against Surendra Kumar Sinha who has resigned as chief justice, but the national anti-graft agency has not taken any action.

Law Minister Anisul Huq says measures will 'surely' be taken against Justice Sinha, but advises all to ‘wait’ for that.

Attorney General Mahbubey Alam also asks all to ‘wait and see’ how the policymakers handle the issue.

The president's office confirmed the receipt of Sinha's resignation letter sent from abroad on Nov 11 after his leave ended.

Shafique Ahmed

Before going abroad on Oct 13, 10 days after the leave started, Justice Sinha said

he was 'embarrassed'

by criticism by the ruling Awami League over the 16th constitutional amendment verdict scrapping parliament's power to sack top court judges.

On the following day, the Supreme Court issued a rare statement, terming his statement 'misleading'.

It said his colleagues at the Appellate Division refused to work with him after he failed to explain 11 specific charges, including graft, money laundering and moral lapse, against him.

The president informed the judges about the allegations, according to the statement.

As the chief justice has resigned, the government does not need to use the Supreme Judicial Council, which he revived through the 16th amendment verdict, to remove him.

But the question surrounding the criminal charges against him remains.

Justice SK Sinha at airport before leaving Bangladesh on OCt 13.

Former law minister Barrister Shafique Ahmed told bdnews24.com that the ACC should launch an investigation based on the 11 charges outlined in the Supreme Court statement.

"There is no bar to opening the investigation with the statement as the basis. No-one is above the law, not even the chief justice," he said.

"The ACC can prosecute if its investigations find substance. It can serve notice on anyone, no matter who they are," Ahmed said.  

Justice Sinha is currently in Canada, where his younger daughter lives. He travelled to Canada from Australia via Singapore from where he sent his resignation letter. His elder daughter lives in Australia.

Shafique Ahmed, who worked as law minister during the Awami League's 2009-2013 tenure, said, "Considering the charges against him, it is possible to repatriate him from Canada through various processes if he is sentenced."

The former law minister also said he thought the Supreme Court should have released the statement on Justice Sinha before he had left Bangladesh.

No ACC official agreed to comment on the issue.

Mahbubey Alam

ACC lawyer Khurshid Alam Khan told bdnews24.com: “Only the information that he has been involved in corruption and money laundering is not enough for me."

"I need specific information like how much money he laundered and where. I also need specific information on what corruption he committed, where and how."

"The ACC opens an investigation after starting a case following the Anti-Corruption Commission Act. I at least need some initial information to launch an investigation. But the ACC is yet to have any such information on him.”

Attorney General Alam said he did not know about the specific charges against Justice Sinha.

"If these relate to moral lapse, these became ineffective the moment he resigned," he said.

"But if there are other matters, then it is up to the president and the government as to how they will take these based on the information the president has," he added.

Asked if he has anything to do as the top legal officer of the state over the charges against Justice Sinha, Alam said, "I can’t say anything now. We handle only the cases that come to us. I am not a policymaker. It is up to the president or the law ministry to handle the issue."

"I don't even know about the information in detail. The policymakers know whether the police or the ACC will handle it," he said.

Law Minister Anisul Huq

The ACC is investigating retired Appellate Division judge Zainul Abedin amid the discussions on the charges against Justice Sinha.

The former chief justice is also facing criticism for 'trying to block' the investigation against Justice Abedin.

"What's happening to Justice Zainul Abedin now is a seven-year-old issue. Let's wait and see what the government does next," AG Alam said.

About the charges against Justice Sinha, Law Minister Huq told bdnews24.com: "Law will take its own course. You must remember that no-one is above the law."

Asked whether the ACC can take steps to launch an investigation against Sinha after getting formal charges, the law minister said, "As I said before: Law will take its own course."

"Surely steps will be taken on the issue," he added, and asked all to ‘wait and see’ what the authorities do.