SC dissatisfied as BASIC Bank ex-chairman not implicated in cases

The Supreme Court today expressed discontent at the Anti Corruption Commission as it did not implicated the then chairman of BASIC Bank Sheikh Abdul Hye Bacchu and its former board members in two loan scam cases involving Tk 75 crore.

“We don’t want that the Anti-Corruption Commission maintains any pick and choose policy in implicating accused in such cases, as nobody is above the law. All the allegations must be investigated with importance. Legal action will be taken against the investigation officers if they have any negligence in conducting inquiry,” Chief Justice Surendra Kumar Sinha said, adding that the SC will monitor the investigation of the cases.

The chief justice was presiding over a three-member bench of the Appellate Division of the SC while hearing two separate leave to appeal petitions filed by the ACC challenging two High Court orders that granted bail to the then general manager of BASIC Bank Zainul Abedin Chowdhury in the cases.

The apex court adjourned hearing of the petitions till October 8 and extended its chamber judge’s order that stayed the HC orders of bail to Zainul till that day [October 8].

ACC lawyer Advocate Khurshid Alam Khan told The Daily Star that the commission filed two separate cases with Motijheel Police Station in 2015 against Zainul Abedin Chowdhury and 15 others on charges of misappropriating Tk 75 crore of BASIC Bank in convenience with each others. The commission arrested Zainul on April 5 last year.

The anti-graft watchdog filed 56 cases last year, accusing 110 people and organisations for irregularities in loans worth about Tk 4,500 crore.

Of the accused, 27 were bank officials and the rest were borrowers and surveyors, according to the ACC.

Following two bail petitions filed by Zainul, the HC on May 25 this year granted bail to him [Zainul] in the cases.

Then the ACC filed to two petitions with the SC seeking stay on the HC orders. Following the ACC petitions, the SC chamber judge stayed the HC orders of bail and asked the commission to file separate leave to appeal petitions with the SC against the HC orders.

During hearing on the leave to appeal petitions, the Appellate Division on August 10 called for the records of the cases.

Yesterday, Advocate Khusrhid Alam Khan placed the records of the cases before the apex court.

During the proceedings today, the chief justice asked the ACC lawyer to read out the names of the accused of the cases.

While the ACC counsel was reading out the names of the accused, the chief justice asked whether the then chairman and board members of BASIC Bank have been implicated in the cases.

Advocate Khurshid Alam Khan said one of the then board members was implicated and others will be implicated in the cases if their involvement in loan scam is found in the investigation.

Then Justice SK Sinha told Attorney General Mahbubey Alam, who represented the government, that the law is equal to all and nobody is above the law.

The Supreme Court is the last resort of people and its dignity must be upheld, the chief justice said.

Advocate AM Aminuddin appeared for Zainul, saying that his client has not committed any offence as he had only recommended for giving the loans.