Shamim Osman jailed for 3yrs in first-ever graft case verdict
A Correspondent, N'ganj
In the first-ever verdict in a case filed by the reformed Anti-corruption Commission (ACC), a Narayanganj court yesterday sentenced, in absentia, former Awami League (AL) lawmaker Shamim Osman to three years' imprisonment for not submitting wealth statements to the commission.Included in the ACC's first list of suspected corrupt people, Osman was ordered in February by the commission to submit his, his wife's and wards' wealth statements. Senior Special Judge Abdul Kuddus Mia of Narayanganj district court delivered the verdict yesterday in a packed courtroom and the entire area cordoned off by security personnel. The verdict stated that Osman is guilty of not submitting the statement of his, his wife's and wards' moveable and immovable assets as ordered by the ACC. The verdict was delivered in accordance with Article 26 of the ACC Act, 2004 and Section 15 D (5) of the Emergency Rules, 2007. However, as section 35 (2) of the Bangladesh constitution states that an individual cannot be sentenced more than once for a single crime, the court said that it would not be logical to try Osman under section 15 D (5) of the Emergency Rules, 2007. Osman was sentenced under sub-sections one, two and three of section 26 of the ACC Act. The prison term would take effect upon his arrest. On February 20, ACC officials hung a copy of a notice on the front door of Osman's residence ordering him to submit the wealth statements to the commission within 72 hours. The officials hung the notice there since they found no one in his residence at 46/11 Haji Abdul Hamid Road in Narayanganj's Jamtala area. As Osman failed to submit the wealth statements, ACC Deputy Director (DD) of Narayanganj Benazir Ahmed filed a case on April 4 at the Senior Special Judge's Court citing Article 26 of the ACC Act, 2004 and Section 15 D (5) of the Emergency Powers Rule, 2007. The court issued an arrest warrant against Osman immediately after the case was filed. On April 11, the police raided Osman's home but found nothing but a broken bed and an iron almirah, which they seized. They prepared a charge sheet against Osman on April 12. Two of the four state witnesses of the case--court assistant Abdul Motalib Sarkar and Osman's neighbour Haji Nuruddin Ahmed--testified to court on April 23 and 24, but the other two state witnesses failed to appear before the court. The hearing of the arguments took place on April 25 before the verdict was finally delivered yesterday. Before the verdict was delivered yesterday, Osman's lawyers told the court that since the High Court on April 25 ordered the ACC to accept Osman's wealth statements, even if a representative of him submitted it, this case against Osman is not valid. The public prosecutor Nabi Hossain told the court that the HC never issued an order to stay the case. The judge then read out the 20-page verdict sentencing Osman to three years in jail. Nabi later termed the verdict a "milestone". Interpol had issued a worldwide arrest warrant against Osman on April 7 for his alleged links with gunrunning and crimes that involved explosives.
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