Whether the Managing Director or an Employee of a Private Limited Company registered under the Companies Act, 1913 is a public servant within the meaning of Section 2(b) ' Criminal Law Amendment Act, 1958.
In the instant case, M/s. Master Industries was established by its sponsors and it registered under the Companies Act and started functioning. It is no body's case the M/s. Master Industries Ltd. is established by or under any law. By no stretch of imagination it can not be said that Managing Director or an employee of a Private Limited Company registered under Companies Act is a local authority or statutory corporation or a body corporate, therefore a Managing Director or an employee of Private Limited Company registered under the Companies Act, 1913 not be said to be public servant within ling of section 2(b) of the Criminal Amendment Act only because the firm was registered under the Companies Act to start functioning. Khurshid Alam & Ors.Vs. Azizur Rahman & Ors 13 BLT (AD)-211 ....View Full Judgment

Power of Special Judge— Creation of new Districts or Sessions Divisions does not require fresh Notifications as to Senior Special Judges. When a public functionary is found to have been acting in a particular capacity in normal course, the Court may presume that he has been duly empowered to act in that capacity. Mozahar Ali Howlader Vs. Lal Miah Talukder 44 DLR (AD) 250. ....View Full Judgment

The wider territorial jurisdiction of the Divisional Special Judge has not conferred upon him any higher authority than that of the Senior Special Judge. In relation to the Senior Special Judge, the Divisional Special Judge is like any other Special Judge—power of taking cognizance of offence has not been given to him. State Vs. Divisional Special Judge Khulna Division 44 DLR (AD) 215. ....View Full Judgment

High Court Division may transfer a case pending in the court of any Special Judge to the court of another Special Judge irrespective of the territorial limits of either of the two Special Judges. But the jurisdiction of transfer of a case by the Senior Special Judge is limited within his district. The two sections have therefore no conflict. State Vs. Divisional Special Judge, Khulna Division 44 DLR (AD) 215. ....View Full Judgment

There are authorities which have found it improper for an enquiry to be held against a person by a person belonging to the same department.
In the present case it cannot be said that the Special Judge has acted with sound discretion in asking the ASP to hold an enquiry when admittedly officers much above him have been made accused in the case. The Additional Attorney-General submitted that since the Deputy Commissioner and Superintendent of
Police were already transferred there was no reason to apprehend that the ASP would not be able to hold an influence-free enquiry. It is difficult to accept the submission of the learned Additional Attorney-General, for, it is not necessary to be personally present to influence an enquiry. Abdur Rahim @ (Md) Abdur Rahim vs State 49 DLR (AD) 51. ....View Full Judgment

There is no denial as to the issuance of the letter for sanction of trial. There is also no denial that the required sanction has neither been received nor refused within sixty days. In such view the sanction be deemed to have been accorded. Atiquzzaman Khan vs State 57 DLR (AD) 100. ....View Full Judgment

Further investigation of the case under section 5(6) of the Criminal Law Amendment Act, 1958–
Section 8 of the Criminal Law Amendment debars de-novo trial for an offence punishable under the Criminal Law Amendment Act. Moreso. under section 6A of the Act, a special time limit has been fixed for concluding trial of a case providing that the trial shall have to be concluded within 45 days from the date of taking cognizance of the offence and if the trial cannot be concluded within the said time, the Special Judge after recording reasons in writing conclude the trial within 15 days next thereafter. In this case more than 7 (seven) years elapsed from the date of taking cognizance of the offence. Moreso, the trial of the case is almost over. The examination of the alleged offenders is also over. On 2-2-2017 the petitioner has been examined. From the record, it appears that the learned Special Judge has assigned proper reasons in rejecting the application.
The application filed by the petitioner is misconceived one. We find no error in the order of the High Court Division that calls for interference. ...Begum Khaleda Zia =VS= State, (Criminal), 2019 (1) [6 LM (AD) 85] ....View Full Judgment

“working days”
Since the decision of the Government not to accord sanction against the appellants was not given within 60 days, it would be deemed that sanction had been accorded.
The Appellate Division observed that the words “working days” have not been mentioned in the proviso to section 6(5) of the Criminal Law Amendment Act,1958. Therefore, the High Court Division was justified in holding that since the Government’s decision not to accord sanction against the appellants was intimated beyond 60 days, it would be deemed that sanction had been accorded according to the proviso to section 6(5) of the Criminal Law Amendment Act,1958.
Mahboobur Rahman and others. -VS- Md. Kayser Parvej (Milon) and others. (Criminal) 11 ALR (AD) 88-92 ....View Full Judgment

The impugned order that Special Judge considering prosecution case and others materials on record allowed the prayer for tendering pardon and also allowed this respondent Nos. 3 and 4 as approvers. From the section 6 sub section 2 of the Criminal Law Amendment Act, 1958. .....Gias Uddin Al-Mamun (Md) =VS= The State, (Criminal), 2017 (2)– [3 LM (AD) 558] ....View Full Judgment

The Special Judge, recording the reasons, accepted the prayer for tendering pardon. In such view of the matter, we do not find any wrong in the judgment of the High Court Division. However, the trial Court is directed to allow other accused to cross-examine the approvers as per provision law at the time of examining them as approvers of the case. .....Gias Uddin Al-Mamun (Md) =VS= The State, (Criminal), 2017 (2)– [3 LM (AD) 558] ....View Full Judgment

Reference to High Court Division—Provisions of the Criminal Procedure Code will apply to the proceedings of the Court of Special Judge only for the purpose of hearing and disposal of a special case. Transfer of a case from one Special Judge to another Special Judge does not appear to fall within the provision for hearing and disposal of a case. State Vs. Divisional Special Judge, Khulna Division 44 DLR (AD) 215. ....View Full Judgment

Accused is a public servant— Order of sanction to prosecute him submitted in court along with charge—sheet —Court of trial perused the sanction order and noted “seen” thereon, but omitted to mention it either in Order—sheet or in the Judgment_—Witness including the Investigation Officer remained silent about it while deposing. The trial is not vitiated by illegality in spite of the omission on the part of the prosecution to refer to the evidence as to the order of sanction since the trial is found to have been held by the Court on perusal of the order of sanction. Liakat Ali Vs. State 42 DLR (AD) 30. ....View Full Judgment

The imperative language of the provision, "the Special Judge shall, immediately on receipt of the complaint", leaves no manner of doubt that before any step is taken the Special Judge has to address the Government in case of sanction not being accompanied with a petition of complaint.
It is true that in a case under the Act a Special Judge may, where he deems if necessary, order an investigation by any officer in whose jurisdiction the offence was wholly or partly committed. This step also, however, cannot be taken without complying being that the Government may not give any sanction to prosecute at all. Abdur Rahim @ (Md) Abdur Rahim vs State 49 DLR (AD) 51. ....View Full Judgment

It is not necessary to personally represent to influence an enquiry by a subordinate Junior Officer. There are authorities which have found it improper to hold an enquiry against a person by a person belonging to the same department (29 CrLJ 1928, 1958). Abdur Rahim @ Md Abdur Rahim vs State 48 DLR (AD) 167. ....View Full Judgment

Withdrawal from the prosecution is subject to consent by the trial Judge and when the accused persons are still absconding the discretion ought not to have been exercised. Sreemati Prativa Rani Dey (Tirtha) vs Dr Mohammad Yousuf Chittagong Medical College 52 DLR (AD) 8. ....View Full Judgment

Appellant filed a petition of complaint before the learned Senior Special Judge against the Deputy Commissioner, Super-in-tendent of police, and some other local officials alleging offence's under sections 166/217/114 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947- Complainant was examined on oath and the A. S .P. was asked to submit a report upon holding an inquire into the complaint made- the grievance of the appellant is that the learned Special Judge Committed a two fold wrong (1) is not having acted in terms of the proviso to section 6(5) of the Act and (2) having called for a report, of all persons, from the A. S. P. when senior officers above him were complained against- Held: In the Present case it cannot be said that the learned Special Judge has acted with sound discretion in asking the A. S. P. to hold an inquire when admittedly officers much above him have been made accused in the case- The order passed by the learned Senior Special Judge is found to be wholly unsustainable in that he has failed to comply with the proviso to section 6(5) of the Act which, on all accounts, was a first step that was required to be taken by him, on receipt of the complaint. Mr. Abdur Rahim Vs. The State 4BLT (AD)-187 ....View Full Judgment

Prior sanction - where the prosecution report does not indicate of obtaining sanction to the prosecution of a public servant cognizance cannot be taken. But the proviso to Section 6(5) has given authority to the Senior Special Judge to send a letter to the appropriate authority for getting sanction and if no response is received within 60 days from the date of receipt of the letter by the Government then it should be deemed to have been duly accorded. Jalaluddin Choudhury & Ors. Vs. The State & Anr. 9 BLT(AD)-95 ....View Full Judgment

A petition of complaint was filed before the Senior Special Judge against the police personnel and some other local officials without any sanction of the government and upon examining the complainant on oath the ASP was directed to submit a report after holding an enquiry. The Imperative language of the proviso, “the Special Judge shall, immediately on receipt of complaint,” leaves no manner of doubt that before any step is taken the Special Judge has to address the Government in case of sanction not being accompanied with a petition of complaint and even the Special Judge cannot pass an order of investigation by any police officer without complying with the proviso to section 6(5) of the Act as the Government may not give any sanction to prosecute at all and it cannot be said that the learned Special Judge has acted with sound discretion in asking the ASP to hold an enquiry when admittedly officers much above him have been made accused in this case and the High Court Division wrongly rejected the revisional petition on the ground of being premature. Abdur Rahim @ Md. Abdur Rahim vs State 1 BLC (AD) 141 ....View Full Judgment

Emergency Powers Rules, 2007
Rule 19Ka - Time limit under both the provisions is held directory, and not mandatory.
As there is no consequence provided, in the event of the failure to conclude trial within the time specified the apex court held the provisions of 339C of the Code of Criminal Procedure, 1898, section 6A of Criminal Law Amendment Act, 1958 and rule 19Ka of the Emergency Power Rules, 2007 as directory and not mandatory. However the apex further advised to take disciplinary action against the judge concerned for his willful negligence in not complying with the provisions of the law in appropriate cases. A.H.M. Mustafa Kamal @ Lotus Kamal Vs. Government of Bangladesh 14 MLR (2009) (AD) 45. ....View Full Judgment

Sanction as sought for by the Special judge of the Government for persecution of the accused to be accorded within 60 days on the expiry of which it shall be presumed that sanction has been duly accorded. Subsequent refusal to accord sanction after 60 days is of no consequence.
The Appellate Division held the position of law under section 6(5) of the Criminal Law Amendment Act, 1958 is clear and as such set aside the impugned judgment and order of the High Court Division and directed the Special Judge, Sunamganj to proceed with the Special case in accordance with law. Malek Hussain Pir Vs. Begum Nurjahan Khanam and others 15 MLR (2010) (AD) 109. ....View Full Judgment

The High Court Division rightly acquitted the accused in view of the provision of section 8 of the Criminal Law Amendment Act as the trial having not been concluded within the period of 2 years it was without jurisdiction. State vs Md Minhazuddin Khan 51 DLR (AD) 142. ....View Full Judgment

Where the charge has been framed under section 409 of the Penal Code and section 5(2) of Act II of 1947, and in the absence of any provision for revival of the case on the expiry of the period of 2 years provided in section 8(a) of the Criminal Law Amendment (Amendment) Act there was no legal authority to revive the case under the provision of the Code of Criminal Procedure. Nur Israil Talukder vs State 52 DLR (AD) 51. ....View Full Judgment

Conviction after expiry of time limit—
When the trial could not be concluded within the time limit, there was, in fact, no proceeding after the expiry of the period. Trial held and conviction given after the expiry of the time limit is illegal. The State Vs. Md. Minhazuddin Khan— 4, MLR (1999) (AD) 147 ....View Full Judgment

Section 9 Provides for confiscation of property to the extent connected with the offence - When the charges under section 5(2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code, 1860 are established section 9 of the Criminal Law (Amendment) Act, 1958 imposes a duty upon the trial judge hath he imposes a sentence of imprisonment or not, he shall impose a sentence of fine and pass an order confiscating the property of the accused connected with the offence. The apex court held that the confiscated property cannot be restored to the offender. M.A. Sattar and others Vs. The State 14 MLR (2009) (AD) 168. ....View Full Judgment

The expression ‘এই বিধিমালার অধীন’refers to the Emergency Powers Rules as a whole. It cannot mean and refer to Rule 10 only; otherwise the expression would have been ‘উক্ত বিধির অধীন’i.e. under the aforesaid Rule. Anti-Corruption Commission vs Barrister Nazmul Huda 60 DLR (AD) 57. ....View Full Judgment

The language of Rule 11(3) admits of no ambiguity and therefore, there is hardly any scope for interpretation. The intention of the law makers is manifested in the express words used in sub-rule 3 leaving no scope to doubt that such power of granting bail by the appellate Court has been taken away by express provisions. ACC vs Barrister Nazmul Huda 60 DLR (AD) 57. ....View Full Judgment

Provides for alternative remedy by way of appeal—
Constitution of Bangladesh—
Article 102— The power of the High Court Division under writ jurisdiction is limited. It can not exercise the power of appellate court in writ jurisdiction—
The apex court firmly held that a fugitive in law and justice is not entitled to get the protection of law unless he surrenders in the proper court—
The writ petitioner was convicted and sentenced in a trial held in his absence. Instead of surrendering before the trial court he instituted the writ petition through his authorised agent which the High Court Division entertained and made conflicting orders from time to time with regard to his bail, stay of the operation of sentence, and the manner of surrendering before the proper court by violating the long established principles of law, norms and practice which the apex court deprecated and disapproved in strong words and directed the convict-writ petitioner to surrender before the trial court. Anti-Corruption Commission Vs. Dr. H.BM Iqbal Alamgir and others 15 MLR (2010) (AD) 103. ....View Full Judgment

The Criminal Law Amendment Act, 1958
Section 10(3) read with
The Prevention of Corruption Act II 1947
Section 5(2) of Act II 1947 read with
The Penal Code
Sections 409/109
Transfer the Case under Sec. 5(2) of the Act II 1947 read with Sec. 409/109 of the Penal Code–
The petitioner is entitled to get an order of transfer if she shows circumstances from which it can be inferred that there is apprehension that she would not get justice from the Judge concerned and that the same is reasonable in the circumstances alleged but a mere allegation of apprehension is not enough; the Court will consider whether the apprehension is reasonable, genuine and justifiable.
Taking into consideration the entire facts and circumstances of the case and the materials on record, we are of the view that the petitioner has failed to make out a case that she has reasonable apprehension of not availing justice from the presiding Judge of the Special Court No. 5, Dhaka. The petition is dismissed. ...Begum Khaleda Zia =VS= State, (Criminal), 2019 (1) [6 LM (AD) 91] ....View Full Judgment

Prima facie case of abetment— A prima facie case of abetment of the alleged offences against the petitioner has been disclosed in the petition of complaint and the provision of Criminal Law Amendment Act, 1958 has also made abetment of the alleged offences punishable, and as such the High Court Division rightly refused to quash the proceeding. Abul HossainAbu vs State 1 BLC (AD) 173. ....View Full Judgment