Travel ban on graft suspects: SC modifies HC ruling on prior court permission

The Supreme Court today modified, with some observations and directions, the High Court ruling that Anti-Corruption Commission (ACC) has to take court permission to impose embargo on corruption suspects or accused from leaving the country.

The Appellate Division of the SC, however, did not disclose the observations and directions, saying that those will be included in its written verdict which will be released in 15 days.

A four-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain delivered the verdict on the appeals filed by the ACC, challenging the HC judgements and orders on this issue.

The ACC has filed five separate leave-to-appeal petitions with the apex court, challenging two verdicts and three orders delivered by the HC in 2019 and this year over this issue.

While delivering the verdict on a writ petition, the HC on March 16 this year observed that a specific law or rule is needed soon regarding imposition of embargo on corruption suspects or accused from leaving the country.

There is no specific law or rule to ban people, against whom inquiries or investigations are underway in connection with corruption allegations or cases, from leaving the country though they have rights to free movement according to the constitution, the HC said.

It ruled that the ACC has to take court permission to impose embargo on corruption suspects or accused from leaving the country during inquiry and investigations into the cases.

The HC came up with the judgment after it heard a writ petition filed by one Ataur Rahman from Narsingdi, challenging the ACC's action to restrain him from going abroad as a graft allegation against him was being inquired.

Earlier in 2019 and this year, the HC made similar observations in another verdict and three orders on four other petitions filed by some corruption accused, ACC lawyer Khurshid Alam Khan told The Daily Star.     

The ACC filed five separate leave to appeal petitions to the SC, saying that if the ACC is to take permission from the special judge's court for imposing embargo on any corruption suspect or accused leaving the country, the inquiry or investigation against him or her will be "frustrated".

Layer Khurshid Alam Khan appeared for the ACC while lawyers Prabir Neogi, AM Mahbub Uddin Khokon and Md Ruhul Quddus Kazal argued for the accused.