The High Court on Monday overturned a special court verdict that had sentenced businessman Giasuddin Al Mamun to 10 years and
his wife Shahina Yesmin to three years in 2008 for amassing property of Tk 111.3 crore illegally.
The bench of Justice AKM Asaduzzaman and Justice Abu Taher Md Saifur Rahman pronounced the verdict allowing the appeals filed separately by Mamun and Yesmin against their sentences handed down by the Special Judge’s Court-7 on March 27, 2008.
Petitioners’ counsel Rafique-ul Haque told reporters that the court had acquitted Mamun and Yesmin of the charges in the view of the Appellate Division’s decision laid down on July 4, 2010 in the case of ruling party lawmaker Mohiuddin Khan Alamgir.
On July 13, 2009 the High Court had also acquitted Mohiddun of similar charges and subsequently the Appellate Division upheld the acquittal observing that it was not possible for a man to submit detail of his wealth being detained in jail.
Mohiuddin and Mamun were among 50 corruption suspects against whom the then Anti-Corruption Commission secretary Delwar Hossain issued notices on February 18, 2007 asking them to submit their wealth statements in 72 hours in violation of the ACC law which requires the commission’s approval for issuing such notices.
The secretary had no jurisdiction to issue such notices at that time when there was no commissioner at the ACC. So, the case and the convictions based on the ‘illegal notices’ should be scrapped, Rafique argued.
The commission lawyer, Khurshid Alam Khan submitted that the case of Mamun and Yesmin was covered by the Appellate Division’s decision in Mohiuddin’s case but the High Court should pass the necessary order in the light of the apex court’s ruling that the commission could issue fresh notices to the graft suspects.
On May 8, 2007, the commission lodged the case against Mamun and Yesmin and subsequently pressed charges against them on October 24, 2007 for amassing illegal wealth of Tk 110.3 crore.
Of the total ill-gotten wealth, Mamun, a business partner of BNP’s senior vice-chairman Tarique Rahman, accumulated wealth worth over Tk 101.73 crore while Yesmin over Tk 9.22 crore.
Mamun, however, could not be released from jail as some other cases remained pending against him, while Yesmin remained on bail.
-With New Age input
