HC advocates death penalty for corruptors

The High Court (HC) in an observation said that capital punishment could be introduced for corruption to check the "heinous crime".

Besides, the HC expressed its dissatisfaction over the failure of the Anti-Corruption Commission (ACC) in bringing most of the corrupts to book.     

"They (corruptors) are powerful, organised and syndicated, therefore, on the basis of seriousness, arrogant and protracted offenders of corruption capital punishment could be introduced," said the HC in its observation in the full verdict of a graft case against Old Dhaka Awami League lawmaker Haji Salim.

The HC bench of Justice Md Moinul Islam Chowdhury and Justice AKM Zahirul Huq made the observation.

On 9 March last year, the court announced the brief verdict in the case. The Supreme Court released the full judgement Thursday.

The HC upheld the 10 years imprisonment handed down by the trial court, and asked Haji Salim to surrender by 30 days. 

The HC ordered the issuance of an arrest warrant if the lawmaker does not surrender within the time.

In its observation, the HC said that effective measures should be taken to uproot corruption from the country by bringing both the Constitutional post holders or non-holders to book if they are found involved in corruption. 

"We have observed consciously that the ACC has so far failed to take many people to task despite their involvement in corruption. But the anti-graft watchdog must try to do that. Unfortunately, ACC depends on media reports on the wealth amassed beyond the known source of income," the HC said.

In the verdict, the HC termed corruption as a mental disease which is making some people addicted.   

On the full judgement, ACC lawyer Khurshid Alam told The Business Standard that Haji Salim will lose his membership of the parliament as the HC upheld his 10-year imprisonment.

He also said that there is provision for 10 to 12 years of imprisonment for amassing illegal wealth and money laundering. Besides, there is also provision of penalty and confiscating assets involved in the crime.

But Sayeed Ahmed Raja, lawyer of Haji Salim, said his client's parliamentary membership will stay as he will appeal with the Appellate Division.

Former Cabinet Secretary Ali Imam Majumder told TBS that the onus to enact such a law in line with the directives of the HC lies with the parliament. The parliament certainly would give priority to the observation of the HC in enacting such a law, he added.   

Former ACC chairman Ghulam Rahman said that the HC is absolutely right. But mere introduction of capital punishment is not enough to root out corruption.

"We have to find out the flaws with our education system and solve them. Besides, importance should be given to our cultural and social development," he said.

Ghulam Rahman noted that the role of the ACC is under question. The ACC must solve these questions so that people can consider them as a powerful agency.

The ACC filed a case against Haji Salim with Lalbagh Police Station for accumulating wealth illegally during the caretaker government in 2007.

On 27 April 2008, Dhaka Special Judge's Court-7 sentenced Haji Salim to 13 years of imprisonment and fined him Tk20 lakh.

Challenging the verdict, the lawmaker from the ruling Awami League then appealed with the HC. On 2 January 2011, the HC quashed Haji Salim's sentence.

But the ACC appealed with the Appellate Division, challenging the HC verdict. The lawmaker had been on bail in the case.

Following the hearing of the ACC appeal, the Appellate Division quashed the HC judgement in January 2015 and asked the HC to re-hear Haji Salim's case.

On 31 January 2021, the appeal hearing against the ruling party lawmaker's 13-year jail term began and the HC delivered its verdict on 9 March.

The HC reduced the jail-term of Salim by three years to 10 years.