Denied a chance to surrender in pandemic, suspects face trouble getting bail in ACC cases

The accused can surrender to the magistrates and sessions judges’ courts and tribunals upon following the health rules amid the coronavirus pandemic, but those charged by the Anti-Corruption Commission seem to be out of luck.

Many of them now are running from the law or being harassed by law-enforcement agencies. The complications have arisen especially over the surrender of those accused in the cases started with the ACC-coordinated offices after June 2019.

The Supreme Court authorities issued a notice on May 22, affording many of the accused the opportunity of turning themselves in to the lower court following a shutdown of more than one and a half months due to a second wave of infections.

According to the notice, people charged in criminal cases can surrender to the courts of chief judicial magistrates and chief metropolitan magistrates, and the tribunals that deal with cases of repression against women and children, human trafficking and cybercrimes.

But the ACC cases are admitted by the Metropolitan Senior Special Judge’s Court. Lawyers say those charged in the ACC cases are unable to surrender as the notice did not mention the Metropolitan Senior Special Judge’s Court or Special Judge’s Court.

Aminul Goni Tito, a senior lawyer based in Dhaka, said the Metropolitan Senior Special Judge’s Court should be kept open to let the suspects surrender. He thinks the Supreme Court can pass an order to allow the court to operate for the surrender of the accused.

“The court should be fully shut or fully open. There should not be anything in between. Where will the accused go to?”

A woman, who had worked for the International Leasing and Financial Services Ltd or ILFSL for eight months as a junior officer at the accounts department, has been named in two cases over the controversy surrounding the firm.

The charges in the ACC cases include having wealth beyond means and laundering money. She had left the job two years ago and joined another firm. Claiming that she was innocent, her husband said: “She cannot get bail because she cannot surrender. We're in big trouble.”

ACC counsel Mahmud Hossain Jahangir said he would not comment on the judiciary, but added: “We have nothing to do with the sufferings of the accused if the Supreme Court does not take a decision.”

Another senior lawyer, Ehsanul Haque Shomaji, however, does not think the door to seek bail after surrendering is closed. He said the accused can move the High Court. “It’s not that they must do it here (lower court).”

After the courts were suspended due to the pandemic on Apr 2, the authorities issued a notice on Apr 12 allowing the virtual hearing of bail petitions from the jailed accused.

The filings of Complaint Registrar, appeals, review petitions and some other court proceedings were gradually allowed, but the accused in the ACC cases are yet to get the opportunity to surrender.