'Initial truth claim has no legal basis': Asif files writ against ACC briefings

Former interim government adviser and National Citizen Party (NCP) spokesperson Asif Mahmud Shojib Bhuiyan has filed a writ petition with the High Court challenging the legality of the Anti-Corruption Commission (ACC) publicly stating that it had found "initial truth" in corruption and irregularity allegations at the beginning of an investigation.

The petition also seeks directions preventing the ACC from making defamatory statements through press briefings about matters under investigation and broadcasting them through the media.

Asif's lawyer, Advocate Zahirul Islam Musa, filed the petition at the relevant section of the High Court today (28 September) and later briefed journalists about it.

The petition seeks a declaration that press briefings held by the ACC on 2 and 13 September were illegal and beyond its legal authority.

It also seeks directions preventing the ACC from holding press briefings on matters under investigation or pending before the courts, as well as an order requiring the commission to issue a formal withdrawal notice with the same prominence for statements it has already made public.

The writ petition, filed under Article 102 of the Constitution, names the ACC chairman, its deputy director (public relations officer) and assistant director (public relations officer) as respondents.

According to the petition, an ACC deputy director said at a briefing at the commission's headquarters on 2 September that the ACC had decided to investigate allegations of a "transfer, appointment and promotion trade" involving former adviser Asif Mahmud and others after finding "initial truth" in the allegations.

The petition argues that under the Anti-Corruption Commission Act, a finding of "initial truth" could only emerge from the outcome of an inquiry and that the commission has no legal authority to make such a statement at the beginning of an investigation.

It further says that on 9 September, the ACC secretary described the statement as a "slip of the tongue" in response to questions from journalists, while the official concerned also acknowledged in a WhatsApp group of journalists that it had been an inadvertent error.

However, no formal and clear withdrawal of the statement was publicly issued, according to the petition.

Asif subsequently sent a legal notice to the ACC on 10 September, but the commission did not act on it and held another press briefing on 13 September, the petition says.

At that briefing, an ACC assistant director allegedly raised several new allegations involving the appointment of the Dhaka North City Corporation administrator, postings of deputy commissioners, Dhaka WASA, the Local Government Engineering Department, tenders for various development projects and alleged money laundering abroad.

Asif denies allegations

In the writ, Asif claimed that the allegations were completely baseless and untrue.

Regarding the cancellation of his additional charge at the Ministry of Youth and Sports, he said the move was made through a ministry order following a ruling by the Administrative Appellate Tribunal.

He also argued that the promotion of 150 assistant youth development officers, cited in the allegations, took effect on 11 May 2026, nearly five months after he resigned from the interim government on 11 December 2025.

Therefore, his involvement in the promotions was legally and factually impossible, he claimed.

The petition further alleges that the ACC briefings were politically motivated and intended to damage his social and political standing and conduct a "media trial" after he announced his candidacy for mayor of Dhaka North City Corporation.

It claims the briefings violated the fundamental rights guaranteed under Article 31 of the Constitution and were contrary to the Information Disclosure Policy, 2011.