Anti-Corruption Commission Vs. Fazlur Rahman and others, V ADC (2008) 411

Case No: Civil Petition for Leave to Appeal No. 54 of 2008

Court: Appellate Division ,,

Citation: V ADC (2008) 411

Case Year: 2008

Appellant: Anti-Corruption Commission

Respondent: Fazlur Rahman and others

Subject: Corruption,

Delivery Date: 2008-1-14

 
Supreme Court
Appellate Division
(Civil)
 
Present:
Md. Ruhul Amin, CJ.
Mohammad Fazlul Karim, J. 
M.M. Ruhul Amin, J.
Md. Tafazzul Islam, J.
Md. Joynul Abedin, J.
Md. Hassan Ameen, J.
Md. Abdul Matin, J.
 
Anti-Corruption Commissioner
………...........Petitioner
Vs.
Fazlur Rahman and others
……..............Respondents
 
Judgment
January 14, 2008.
 
The order of the High Court Division dated November 18, 2007 passed in Writ Petition No. 9770 of 2007 as regard to Annexure-A to the writ petition vide Memo No. দুদক/১৭৪-২০০৭ (অনুঃ-২/৪৭৫৫ তারিখ ৮/৭/২০০৭ is stayed till disposal of the aforesaid writ petition but the prayer for stay as regard the Annexure-A-1 to A-4 is rejected since the learned counsel could not refer to any law authorizing the authority to issue the said annexures. …(4)
 
Lawyers Involved:
Munsur Habib, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner.
A. M. Mahbubuddin, Advocate (appeared with the leave of the Court), instructed by Toufique Hossain, Advocate-on-record-For Respondent No. 1
Not repre­sented-Respondent Nos. 2-6.
 
Civil Petition for Leave to Appeal No. 54 of 2008
(From the order dated 18th November, 2007 passed by the High Court Division in Writ Petition No. 9770 of 2007).
 
Order:
 
            This Petition for leave to Appeal has been filed against the ad-interim order of the High Court Division dated November 18, 2007 passed in writ petition No. 9770 of 2007.The High Court Division while issu­ing the Rule stayed the Memo No. `y`K/174-2007 (Aby: 2/4755 ZvwiL 8/7/2007, Memo No. `y`K/174-2007 (Aby: 2/9386 ZvwiL 22/10/2007, Memo No. `y`K/cÖKv/10286 ZvwiL 5/11/2007, Memo No. `y`K/cÖKv/10164 ZvwiL 1/11/2007, Memo No. `y`K/cÖKv/10171 ZvwiL 1/11/2007 (Annexure A to A4 to the writ petition respectively).
 
2. Against the aforesaid order of the High Court Division, the petitioner has filed Civil Petition for leave to appeal with the prayer for staying the order of the High Court Division dated November 18, 2007.
 
3. We have heard the learned Advocate for the petitioner and the learned counsel appearing for the Respondent No.1 and perused the materials in the petition. Prayer for stay merits consideration.
 
4. The order of the High Court Division dated November 18, 2007 passed in Writ Petition No.9770 of 2007 as regard to Annexure-A to the writ petition vide Memo No. `y`K/174-2007(Aby:- 2/4755 ZvwiL 8/7/2007 is stayed till disposal of the aforesaid writ petition but the prayer for stay as regard the Annexure-A-1 to A-4 is rejected since the learned counsel could not refer to  any law authorising the authority to issue the said annexures.
 
5. The parties to the writ petition, if so advised, may take step disposal of the Rule expeditiously.
The Petition for leave to Appeal is accordingly, disposed of.
 
Ed.