Supplying documents to Anti-Corruption Commission (ACC) of Bangladesh
The word document is defined in the Evidence Act, 1872 in addition to some other Laws of Bangladesh. Regarding Banking Documents including account statements and account information is considered as secret documents which Bank or a financial institution cannot supply to anybody except the Account holder or as per the instruction of account holder. This is guided by the Banker’s Book Evidence Act, 1891.
It appears that the Anti corruption commission has previously referred to the writ petition no: 8243/2010 and civil petition for leave to Appeal No: 1093/2013 arising out of the judgment and order of the above writ petition and It has been mentioned by the Anti corruption commission that in the above leave to Appeal , the honorable Appellate Division vide its judgment and order dated 29.05.2016 held that the provision of section 94 of the Code of criminal procedure,1898 and the Bankers Books Evidence Act 1891(section-5 & 6) are not applicable in case of supply of banking documents for the purpose of investigation by the Anti corruption commission as per ACC Act,2004 & its Rule,2007(Rule-19 & 20).
In view of the above decision given by the honorable Appellate division in the civil petition for leave to Appeal No: 1093/2013 arising out of the writ petition No: 8243/2010 , the documents which have been asked for by the Anti corruption commission can be supplied to the Anti corruption commission for the purpose of investigation.
No to supplying documents to ACC may be treated as an offence.
Advocate, Supreme Court of Bangladesh & Founder of ain-qanoon.com; 6th March 2019.