No one can benefit from one's own wrong:
We cannot agree that a party which engages in corruption and illegally procures natural resources belonging to the State, through payments of unlawful gratification to public officials or payments to politically powerful persons for their influence over government officials, can benefit from such illegal conduct or that the courts should assist them in enjoying the fruits of their crimes. It is a well-established legal principle that no one can benefit from one's own wrong. In such a situation we see no scope of offering any restitution or benefit to the writ respondent No.4 or No.5 from the JVA and GPSA which are in fact proceeds of crime and are not contracts which can be protected under the laws of Bangladesh. We are of the view that the JVA and GPSA, being procured through corruption, are contrary to the laws of Bangladesh and cannot be protected by any court of law. .....Niko Resources (Bd) Ltd Vs. Professor M. Shamsul Alam & ors, (Civil), 19 SCOB [2024] AD 125
The institutions of the State should not condone bribery and corruption by powerful vested quarters as doing so would be in violation of the general principles of law, justice, equity, and good conscience. .....Niko Resources (Bd) Ltd Vs. Professor M. Shamsul Alam & ors, (Civil), 19 SCOB [2024] AD 125 ....View Full Judgment

As a legally binding international anti-corruption agreement, UNCAC provides a comprehensive set implemented by state parties to prevent, combat, and prosecute corruption. On ratification, the UNCAC created legal obligations for Bangladesh and those have to be enforced through the Executive branch and/or the Judiciary of Bangladesh. Thus, Bangladesh has a duty under international law, as laid out in Article 31 of the UNCAC, to confiscate the proceeds of crime. Article 51 of the UNCAC makes the return of assets which are proceeds of crime, a fundamental principle of the UNCAC. As such all proceeds of crime acquired by the writ respondents No.4 and No.5, through the use of a corrupt scheme, are to be returned to the state of Bangladesh. Article 53 mandates provisions for the direct recovery of corruption assets, including laws permitting private civil causes of action to recover damages owed to victim states and the recognition of a victim state's claim as a legitimate owner of stolen assets. Article 54 of the UNCAC enunciates mechanisms for recovery of property through international cooperation in confiscation. It requires State Parties to give effect to any confiscation order for corruption proceeds issued in another State Party, and to "consider taking such measures as may be necessary to allow confiscation...without a criminal conviction." We find support for our decision to confiscate the assets of the respondents No.4 and No.5 in the principles laid down in UNCAC. .....Niko Resources (Bd) Ltd Vs. Professor M. Shamsul Alam & ors, (Civil), 19 SCOB [2024] AD 125 ....View Full Judgment

Public policy reasons for seizing the assets of writ respondents Nos.4 and 5:
We are of the view that there are also a number of public policy reasons for the assets of writ respondents Nos.4 and 5 to be seized, confiscated, and returned to the state of Bangladesh, the ultimate victim of the corruption. The aims of the confiscation are to recover the proceeds of crime, return the assets to the State, deny criminals the use of ill-gotten assets, and deter and disrupt further criminality. .....Niko Resources (Bd) Ltd Vs. Professor M. Shamsul Alam & ors, (Civil), 19 SCOB [2024] AD 125
Politically influential persons and Government officials who illegally enrich themselves through the abuse of power, and unscrupulous investors who facilitate such corruption, deprive the State of its property and hinder the economic development of the country. The laws of Bangladesh envisage the creation of a fair and just society in which crime does not pay. The Constitution empowers us with the duty to ensure that this vision is achieved by declaring any ultra vires exercise of Government authority of no legal effect and also declaring void any resultant contract procured through illegal acts such as corruption. .....Niko Resources (Bd) Ltd Vs. Professor M. Shamsul Alam & ors, (Civil), 19 SCOB [2024] AD 125 ....View Full Judgment