Isn't Bachchu liable for BASIC Bank scam?

The Anti-Corruption Commission (ACC) lacks neutrality, transparency, and aptness in the BASIC Bank loan scam cases, says the High Court.

“Convicts of financial irregularity cases are arrested in a 'pick and choose' manner. The commission's neutrality is in question for this behaviour. You must prove your neutrality," the court told the ACC lawyer on Wednesday.

The HC bench of justice M Enayetur Rahim and justice Shahidul Karim came up with the observations during a bail petition hearing in connection with the BASIC Bank loan scam cases. Former general manager of the internal credit division of BASIC Bank, Md. Selim, sought bail in the case.

The court also raised question as to why Sheikh Abdul Hye Bacchu, ex-chairman of BASIC Bank, was excluded from the charge-sheet.

Shahdeen Malik and M Manzur Alam moved for Md. Selim while Khurshid Alam Khan and AKM Fazlul Haque represented the ACC during the hearing.

The court also asked about the role of the bank’s board of directors. It questioned how the board could approve the loan without any recommendation or report from the central bank’s Credit Information Bureau. No board member is named in the charge-sheet.

In reply to this, Khurshid Alam said one name had been there.

The court asked whether the borrowers or beneficiaries had been arrested. The ACC lawyer said he could confirm this if given some time. The court said, "It's unfair that you extend the period so many times".

Khurshid explained, "We are short of manpower. A total of 48 cases have been filed in connection with the scam. Among these 5 are in the charge-sheet approval process. Several could not be arrested due to a secrecy leakage. One officer is charged with 150 cases."

The court replied, "If manpower is short you should take 10 cases at one time. It's highly unacceptable that you file 100 cases at once and take endless time to solve them. How many are arrested in this case?" Khurshid confirmed it to be 5.

The court commented, "Some are in prison while some are at large. You are in a 'pick and choose' mode."

In an answer to the court's question on the progress of the case, Khurshid said, "The investigation is nearly at an end." The court rejected this as a 'vague term'.

The ACC lawyer said investigations in 48 of 56 cases are at an end. The case of Abdul Hye Bachchu is yet to be addressed due to the absence of two ex-board members.

The court exclaimed, "They escaped because you have been delaying for two years. Will they sit idly with the money?"

At this stage of the hearing, the court said, "The board members should have been included in the charge-sheet." Khurshid Alam clarified, "The former MD (managing director) and board member, Fakhrul Alam, had been named there. Other names will come as soon as the charge sheet is submitted."

The court questioned, "Thousands of crores of Taka were drained from the BASIC Bank. Didn't the ex-chairman (Abdul Hye Bachchu) have any responsibility? He is not even mentioned in the charge-sheet."

Khurshid Alam explained, referring to the comments of the court during an observation in the case of ex-deputy managing director Shipar Ahmed, "ACC took Shipar Ahmed's statement into consideration, and it never takes the court's order lightly. The period of six months is still not finished. A little more time will do."

The court then replied, "If the ACC prioritised the High Court’s observation it would arrest the suspects next day. It would ask the investigating officer to arrest immediately. Why would the suspects wait around with such a sum of money? ACC lacks transparency, neutrality, and aptness in dealing with such a large scale scam at BASIC Bank."

The court added, "It is not a clueless, anonymous case requiring such a long time to be solved. It is clearly a crime: nothing is privy here. BASIC Bank was waiting just to sanction the loan. A request came in the morning and by afternoon it was approved. A man has been suffering for two years for this."

Khurshid Alam Khan said the bail-petitioners were suffering for their own actions. If they had disapproved the loan then Abdul Hye Bachchu and Fazlul Sobhan wouldn’t have had the courage."

Selim petitioned the court for bail in seven other cases filed in the loan scam. After the primary hearing the HC questioned the bail. The court then approved Selim's bail in three cases after a hearing on the rules. Other hearings may be on next week.

At the beginning of the hearing Selim's lawyers said, "Generally a loan proposal committee comprises of 10 to 15 members; Selim was one among them." Presenting the proceedings of the loan review committee, the petitioner's lawyer said, "The loan review committee reviewed the weaknesses of the loan proposal and didn't recommend its granting. Despite that the board approved the loan. So the liability isn't Selim's and therefore the criminal accusation is baseless." Selim has been in prison for 2 years since January, 2016.

The ACC advocate, Khurshid Alam, accused Md. Selim again, "Selim had been a member of the loan review committee. It was his duty to discard the loan proposal and express his disapproval. He had to check the documents/information following the credit policy and Bangladesh Bank rules. Instead, he forwarded it to higher authorities." He added, "Loan scamming is a link-chain job. It's not a single handed task. The allegation is clear and the accusation is primarily verified."

The ACC filed 56 cases on 21, 22 and 23 September in 2015 in the BASIC Bank loan scam, alleging irregularities and corruption of about Tk 45 billion. More than a hundred are accused in the cases, including former managing director of BASIC Bank, Kazi Fakhrul Islam.

Isn't Bachchu liable for BASIC Bank scam?

Sourch :Prothom Alo