Anti-Corruption Act (XXVI of 1957)
Section
3(2)- Sub-section (2) of section 3 of the Act of 1957 authorized the government
to empower the officers of Bureau to enquire into and investigate into cases in
respect of offences specified in the schedule 'which the police officers' had
in connection with the investigation of such offences. This power of the
government has been invested to the Commission under sub-section (1) of section
20 of the Ain. In exercise of that power the Commission has issued the
notification. It says that notwith- standing anything contained in the Code,
the Commission can empower any officer for investigation of any offence under
the Ain by gazette notification. Durniti Daman Commission vs Sheikh Amin Uddin,
69 DLR (AD) 373
Section 3(2)(3)-The Ain is a special law and this Ain will prevail over any other law. It will be inappropriate if the language used in Ain is used in narrower meaning and this provision for scrutiny is for the purpose of retaining the employees and officers of the Bureau in the Commission permanently. This appointment of the investigation officer without scrutiny will not affect the police reports in view of the savings clause. The functions of the Commission shall continue in the same manner as has been undertaken by the Bureau in view of sub-section (3) of section 38 of the Ain read with sub-sections (2) and (3) of section 3 of the Anti- Corruption Act, 1957. Durniti Daman Commission vs Sheikh Amin Uddin, 69 DLR (AD) 373
Section 3- The contention that action of notice by the respondent No. 3 was violative of Article 35(4) of the Constitution is of no substance since the same were issued in connection with an enquiry as regards the information received against the petitioners. The petitioners are not accused of any offence and, as such, protection under Article 35(4) is not available to them. Abu Siddique vs Ministry of Defence 54 DLR (AD) 154.
Section 3- The officers of the Anti-Corrup- tion Bureau in connection with investigation of a complaint to ascertain the truth thereof are authorised to issue notice under section 160 CrPC. Abu Siddique and anr vs Ministry of Defence 54 DLR (AD) 154.
Section 3(2)-The provision of section 5A of the Act II of 1947 and section 3(2) of the Anti- Corruption Act, 1957 when read with paragraph 59 of the Anti-Corruption Manual, it is seen that investigation of offences enumerated in Act II of 1947 and in the schedule of the Anti-Corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-Corruption is neither irregular nor illegal. Bangladesh vs Md Amjad Ali Mridha 56 DLR (AD) 119.
Section 4(1)-In view of the provision of law prescribing the punishment for failing to submit the statement and in view of the fact that the accused-petitioner failed to furnish such statement in spite of being called upon he cannot be absolved of the consequence that resulted in his conviction after due trial. Habibur Rahman vs State 58 DLR (AD) 12.
