IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CRIMINAL REVISIONAL JURISDICTION)
CRIMINAL MISCELLANEOUS CASE NO. OF _________
IN THE MATTER OF:
X and others
SUPPLEMENTARY AFFIDAVIT ON BEHALF OF THE PETITIONERS
I, _________________, son of Late ______________, Kalyan-320, Karail TNT Colony, Road No. 5, Banani, P.S. Gulshan, Dhaka, aged about _______ years, occupation business, by faith ___________, nationality Bangladeshi, do hereby solemnly affirm and say as follows:
01. That I am the Tadbirkar of this case and as such I am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
02. That further to the statements made in the petition affirmed on 28.06.2003 it is submitted that Dhaka Bank Limited (hereinafter referred to as “Dhaka Bank”) is a private bank incorporated under the relevant Companies Act, having its Head Office at Biman Bhaban, 100 Motijheel Commercial Area, Dhaka-1000. The Government of Bangladesh has no shares in the capital of Dhaka Bank. As such the petitioners being employees of Dhaka Bank are not “public servants” and hence the Bureau of Anti Corruption has no authority to initiate any proceedings against the petitioners under the Prevention of Corruption Act, 1947.
Memorandum and Articles of Association of Dhaka Bank is annexed herewith and marked as ANNEXURE “A”.
03. That it is further submitted that F. I. R. No. 04/436 was lodged by the Bureau of Anti Corruption with Motijheel Police Station, Dhaka on 01.06.2003 whereupon Motijheel P.S. Case No. 04 dated 01.06.2003 has been commenced under section 5(2) of the Prevention of Corruption Act, 1947 and section 406, 420, 467, 468, 471, 201 and 109 of the Penal Code.
04. That this supplementary affidavit may be treated as part of the petition affirmed on 28.06.2003.
05. That the statements of facts made above are true to my knowledge and matters of records, which I verily believe to be true and the rests are submission before this Hon’ble Court.
|Prepared in my office:|
|Solemnly affirmed before me by the said deponent on this the _________th day of ___________ at _______ a.m.||Advocate|
|Commissioner of Affidavits
Supreme Court of Bangladesh
High Court Division