Anti-Corruption Act
[XXVI of 1957]
Section 3—When
the investigation is held by any officer of the Bureau of Anti-Corruption, the
provisions of section 5A of Act II of 1947 shall not be applicable but
provisions of section 3 of the Anti-Corruption Act, 1957 shall apply. Nazrul Islam and others vs State 51 DLR 368.
Section 3—The
authority of the Anti-Corruption Officer requiring the petitioners to attend
and give statements before him in the interest of an inquiry under the
provisions of section 94 of the Code cannot be questioned. Abdul Hafiz (Md) and others vs Director General, Bureau of
Anti-Corruption, Government of Bangladesh 51 DLR 72.
Sections 4 & 5—Any
private person whether he has any connection with a public servant or not can
also be tried and punished under the Act of 1957. Abdul Kabir vs State 50 DLR 306.
Sections 4(2) & 5(1)—Provision
of the Act can be resorted to enquire into or for investigation of pecuniary
resources or property of any person whether he is a public servant or any other
else or in other words ‘an ordinary citizen’.
Expressions “certain persons”
“any person” and “whoever” that have been used in different
parts of the Act apparently show that same are unspecified and general in
nature as well as in character or in other words the said expressions are in no
way referable to any specified class or groups of persons, like public servant,
as has been contended by the petitioner in support of his prayer for
discharging him from the proceeding. AKM
Muhituddin vs State 51 DLR 274.