The Appellate Division of the Supreme Court on Monday scrapped a High Court order that issued a suo motu (voluntary) rule questioning the respodents inaction and failure to take appropriate legal steps against the owner of S Alam Group for allegedly amassing huge amounts of property abroad without the Bangladesh Banks permission.
The apex court, however, said the Anti-Corruption Commission (ACC) and Bangladesh Financial Intelligence Unit (BFIU) could independently take legal steps over the issue.
A six-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan delivered the verdict after holding hearing on a leave to appeal petition challenging the HC order and rule that asked the authorities to probe the reported allegations against the owner of S Alam Group.
The chief justice said details of the verdict would be mentioned in its full text, which would be released later on.
The five other judges of the bench were - Justice Borhanuddin, Justice M Enayetur Rahim, Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique and Justice Jahangir Hossain Selim.
Senior lawyers Rokanuddin Mahmud, Ajmalul Hossain QC and Ahsanul Karim appeared for the petitioners (S Alam Group) while Senior lawyer Khurshid Alam Khan argued for the ACC and lawyer Sayedul Haque Suman argued for himself during the court proceedings on Monday.
Its chamber judge M Enayetur Rahim on August 23, 2023, ordered maintenance of the status quo until January 8, 2024, over the High Court order.
The status-quo order barred the ACC, CID and BFIU from holding their probes.
The chamber judge passed the status-quo order after hearing a petition filed by the couple on August 21 in 2023 for staying a suo motu High Court order asking for the probe into allegations of money laundering and offshore investment without permission from the relevant government authorities.
The chamber judge also set January 8, 2024 for hearing the couples appeal by full court.
The Appellate Division later adjourned the hearing until February 5 and extended its status-quo until February 5 halting the probe order.
On August 6 last year, the HC issued the suo motu rule and ordered the ACC, BFIU and the Criminal Investigation Department (CID)of police to conduct inquiry into allegations revealed in a report published in a national daily on August 4 and submit their reports to the HC as early as possible, preferably in two months.
In the rule, the HC asked the authorities concerned to explain why their failure and inaction in taking appropriate legal steps and action against the entities and persons mentioned in the news shall not be declared illegal, and asked them to show why they should not be directed to hold an enquiry into the allegations.
The court had asked the Bangladesh Bank governor and head of BFIU to clarify whether the BB had permitted S Alam Group to take the "money in question" to the foreign countries from Bangladesh.
