Audite Karim : Can someone be hanged before a trial? Many might be surprised to hear this question and wonder: is that even possible?
Article 31 of our Constitution recognises the right to the protection of the law. Treating a citizen as innocent until charges are proven in a competent court is one of the fundamental tenets of the rule of law. However, during the one-and-a-half-year tenure of the Prof Muhammad Yunus-led interim government, the rule of law, justice, and the Constitution were violated at every step.
The biggest “black law” during Yunus’s regime was the amendment to the Anti-Corruption Commission (ACC) Act. By amending this law, opportunities for authoritarian practices were created under the guise of undercover investigations, including the harassment of individuals,
the freezing of bank accounts, and the confiscation of property even before a trial.
Following a report on ACC reforms by the previous interim government, the Ministry of Law issued a gazette notification on 23 December last year to further amend the Anti-Corruption Commission Act 2004.
After the new government took office on 17 February, the first session of Parliament began on 12 March. On that very day, 133 ordinances, including the ACC-related ordinance, were placed before Parliament. Of those 133 ordinances, 113 were passed and seven were rejected. No decision was made regarding the remaining 13 ordinances, which included the ACC amendment ordinance.
According to the law, after 30 days had elapsed from the date on which they were placed before Parliament – between 12 March and 11 April – those 13 ordinances ceased to have effect. Consequently, the original Anti-Corruption Commission Act 2004 has been fully reinstated since 11 April.
Legal experts state that the current government made the right decision in not accepting the ordinances of the interim government, as the ACC ordinance was contrary to the core spirit of the Constitution. It granted sweeping and arbitrary powers, including the seizure of assets without investigation or trial. Punishing someone without a trial is not only illegal but also a serious injustice. Yet the Yunus government did exactly this for a year and a half through the issuance of this ordinance.
Even though Yunus’s black law has been repealed, those who fell victim to harassment under it have not yet found relief. Following its repeal, actions such as unlawfully freezing bank accounts, imposing foreign travel bans, and confiscating assets prior to trial automatically became extra-legal.
Nevertheless, the victims have still not received any remedy. According to data from the Anti-Corruption Commission, the bank accounts of nearly 1,500 businesspeople and other individuals were frozen under this black law. Travel bans were imposed on nearly one thousand industrialists, businesspeople, and professionals before any investigation had taken place.
Assets worth Tk55,000 crore were seized. As a result, the country’s economy suffered significantly. Yunus’s black law created widespread panic among businesspeople, industrialists, and entrepreneurs. Many shut down their
businesses, leaving hundreds of thousands of people newly unemployed. On the one hand, unemployment rose; on the other, the lack of new investment led to shrinking employment opportunities.
Due to the closure of bank accounts, many reputable businesspeople have become loan defaulters. Non-performing loans (NPLs) have further worsened the condition of commercial banks. Despite various facilities provided by Bangladesh Bank to reduce defaulted loans, NPLs increased in 44 out of the country’s 61 scheduled banks during the January-March quarter of this year. Central bank officials stated that such a simultaneous rise in defaulted loans across so many banks had never occurred before.
It was not only weak banks that were affected; financially sound institutions such as City Bank, Prime Bank, Bank Asia, Uttara Bank, and the foreign-owned Standard Chartered Bank also experienced significant increases in defaulted loans. This, the author argues, is the direct outcome of Yunus’s black law. How can those whose bank accounts have been frozen repay their loans?
In today’s era of globalisation, travelling abroad is essential for conducting business. But if entrepreneurs and industrialists are prohibited from travelling overseas for years, how are they expected to run their businesses? Unable to travel abroad, many have shut down operations, which has taken a heavy toll on both the financial sector and the wider economy.
The private sector stands devastated because of this black law. The private sector is the principal driving force of the country’s economy. Yunus’s black law has ultimately damaged the nation’s economic foundations.
Preventing corruption and money laundering are major challenges for all countries today. However, according to the author, such a far-reaching law exists nowhere else in the world. India enacted the Prevention of Corruption Act in 1988, which was amended in 2018. A separate law was enacted in 2002 to combat money laundering.
In India, the agency responsible for investigating corruption is the Central Bureau of Investigation (CBI), while money laundering cases are investigated by the Enforcement Directorate (ED). Under Indian law,
investigative agencies cannot freeze a person’s assets or bank accounts before a court verdict. They may only restrict transactions with the court’s permission after a charge sheet has been filed, ensuring that the accused cannot withdraw the entire sum in question.
With regard to travel bans, a charge sheet must first be filed against the accused; a ban cannot be imposed merely because an allegation has been made. There is also a Supreme Court ruling on this matter in India. Travel bans may be imposed under special circumstances and for a specified period, but under no circumstances can they be indefinite. The reasons for such a ban and its duration must be presented to the court.
In Pakistan, the Prevention of Corruption Act 1947 remains in force. Under that law, a person’s bank account or assets may only be frozen if they are found guilty by a court. A foreign travel ban may be imposed under special powers for a maximum period of three months, and the reason for the restriction must be stated.
The United Kingdom has a stringent legal framework for preventing corruption and money laundering and works internationally to promote a transparent financial system. The Bribery Act 2010, the UK’s most important anti-corruption law, came into force on 1 July 2011. However, this law does not grant the power to freeze bank accounts; rather, it requires individuals to provide reasonable explanations for financial transactions where necessary.
Under the Proceeds of Crime Act 2002 (POCA), money obtained through illegal means, such as corruption, drug trafficking, or other criminal activity, may be temporarily frozen by identifying a bank account or a specific amount of assets for a limited period, provided reasonable grounds are established following an initial investigation. Yet none of these countries has provisions for imposing indefinite foreign travel bans.
According to the Constitution of Bangladesh, banning a person from travelling abroad indefinitely violates their fundamental rights. Article 36 of the Constitution states:
“Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh.”
In a landmark judgment in the case of ACC vs G.B. Hussain, the Appellate Division of the Supreme Court of Bangladesh ruled: “A person cannot be barred from going abroad merely on the grounds that a criminal case is pending against them. A citizen cannot be deprived of their fundamental constitutional rights under the mere pretext of a pending criminal case.” (74 DLR)
During the Yunus regime, the author contends that not only were fundamental constitutional rights violated, but the ruling of the Appellate Division was also disregarded.
The BNP government has repealed this black law. However, those who suffered immense hardship as a result of it have not yet been freed from its consequences.
We believe that the government should stand by those who faced oppression under this law without delay. We hope that the government will waste no further time in reopening bank accounts, lifting travel bans, and restoring a healthy, normal, and investment-friendly environment in the country. Audite Karim is a writer and playwright. Email: auditekarim@gmail.com