Why restrict travel for those who’ve already left the country?

Infographic: TBS

Highlights: 

• Since last Sept, travel restrictions were imposed on 250 individuals on graft charges
• Among them are ex-ministers, MPs, politicians, businessmen, and govt officials
• However, over 100 of these individuals fled the country before the ban imposition
• ACC officials say the ban is part of the legal procedures that must be adhered to

While travel bans are being slapped on influential figures accused of various graft charges, many of them have already bolted abroad since the Awami League government's fall last August. That raises questions about the ban's purpose – why restrict travel for those who have already left?

For instance, former prime minister and Awami League chief Sheikh Hasina was sent out of the country on a military aircraft with her sister on 5 August in the face of a mass uprising. 

Surprisingly, seven months after she took refuge in India, the Anti-Corruption Commission (ACC) applied in court on 11 March this year for a travel ban to be imposed on Hasina, her son, daughter and other family members who have already been living abroad, which the court granted.

Not just the Sheikh family members – since last September, courts have granted the ACC's requests to impose travel bans on nearly 250 former ministers, MPs, politicians, businessmen and government officials on allegations ranging from money laundering and embezzlement of bank loans and government project funds to accumulating illegal wealth. 

However, over a hundred of the restricted individuals are already known to be abroad.

Constitutional expert Shahdeen Malik told TBS that, in the past, the graft watchdog used to issue travel ban orders independently under the ACC Act during its investigations and send notices to relevant airports and border points. Following a High Court ruling, seeking court permission has become mandatory for such actions in recent years.

However, even after knowing that a person is abroad or has fled the country, applying for a travel ban is futile, as it wastes the time and resources of the court and ACC officials concerned, he said.

The eminent jurist further said that the ACC could take steps to bring back those who have fled or are staying abroad. However, no such efforts seem to be visible. 

For example, when PK Halder was sentenced to prison for massive financial fraud, he was detained in India in connection with another case and was later granted bail. Yet the ACC has not made any significant efforts to bring him back, Malik added.

Let's look at another case. On 12 November last year, a travel ban was imposed on former Dhaka South City Corporation (DSCC) mayor and Sheikh Hasina's nephew Barrister Sheikh Fazle Noor Taposh and his wife Afrin Taposh. 

However, the immigration department of the police confirmed to TBS that he had left the country for Singapore on 3 August, two days before Hasina's departure.

A travel ban was imposed on former home minister Asaduzzaman Khan Kamal and his family on 1 September, even though a video surfaced earlier showing him in India. 

Similarly, even after a video of Awami League leader Shamim Osman staying in Dubai went viral on social media last year, the ACC imposed a travel ban on him and his family on 25 February this year.

Asked why the anti-graft body keeps issuing travel bans on people already living overseas, Mir Ahmed Ali Salam, public prosecutor of the ACC, told TBS, "The state learned through various media outlets that Sheikh Hasina and her sister, Sheikh Rehana, left the country. However, no one can confirm where they are. There is no documentary evidence available with the state.

"As long as it is not proven that they are outside the country, the ACC can request a travel ban." 

A routine procedure

Advocate Salam explained that the ACC requests travel bans when cases are filed against the accused. "When a corruption case is filed against someone, the procedure requires a travel ban to be requested. If they later return to the country, they cannot leave again."

He also mentioned that the ACC has requested travel bans on 150-200 leaders and activists of the Awami League. Additionally, there are travel bans on over 100 businessmen, bureaucrats and government employees.

"I have heard that most of them are abroad, but since it is not proven to the state, we assume they are still within the country," he said.

Regarding the issue of a waste of time or resources, Salam said, "There is not a matter of wasting time or resources but taking appropriate legal steps as per law."

A senior official of the ACC, on condition of anonymity, said, "When action is taken against any individual or accused involved in corruption, either nationally or internationally, all legal procedures must be followed against the person involved."

This ensures that no questions arise regarding any pending legal process against them. Taking these considerations into account, travel bans have been imposed on Sheikh Hasina, her family members and others, even though they are abroad," he added.

ACC Director General (Prevention) Md Aktar Hossain expressed a similar view. 

"Officially, or going by documents, we do not know whether they are in the country or have fled. Since we do not have records, our investigating officers believe that a travel ban is necessary for them, and based on this, they are filing petitions with the court," he told TBS. 

Examples of travel bans after departure aplenty 

On 7 October last year, the court imposed a travel ban on former land minister Saifuzzaman Chowdhury and his wife, Rukmila Jamal. It was confirmed that the former minister is staying in the United Kingdom. 

On 6 March this year, following an application by the ACC, the court imposed a travel ban on former Rajshahi City Corporation mayor AHM Khairuzzaman Liton, his wife and two daughters. 

In the application, ACC Deputy Director Mojammel Hossain stated, "Investigations are ongoing against Khairuzzaman Liton and eight former members of parliament from six constituencies, accused of embezzling Tk6,000 crore in assets and fleeing the country. Therefore, imposing a travel ban on them is crucial." 

This indicates that the ACC sought the travel ban after they left the country.

On 4 March last year, the court imposed a travel ban on businessman Saiful Alam, chairman of S Alam Group, and 11 members of his family following an application by the ACC. 

Various sources indicate that Alam has been residing in Singapore for some time. 

On 14 January this year, the ACC sought a travel ban on former minister of Environment, Forest and Climate Change Mohammad Shahabuddin, which the court granted. Similarly, a travel ban was also imposed on former education minister Nurul Islam Nahid, both of whom are currently abroad.

On 24 February, the court imposed a travel ban on former MP from Faridpur 4, Mojibur Rahman Chowdhury, aka Nixon Chowdhury, and his wife, Tarin Hossain, upon the ACC's application. However, it is known that Nixon Chowdhury had already been abroad before the ban was imposed.

Following the ACC's request on 27 August last year, the court imposed a travel ban on the former additional commissioner of Dhaka Metropolitan Police Harun or Rashid, and his wife, Shirin Akhter. However, sources have said that Harun is currently in the US.

On 27 February this year, a travel ban was imposed on Mohammad Adnan Imam, former chairman of the Executive Committee of NRBC Bank, on charges of stock market manipulation and money laundering. He is also known to be abroad.

Is there a legal ground?

Regarding the logic of the ACC requesting travel bans for those who are already abroad, Attorney General Mohammad Asaduzzaman told TBS, "What the ACC is doing is in accordance with the law. If no one has formal information about someone fleeing, there is no obstacle to applying the law in this regard.

"A person is considered absconding in the eyes of the law until he or she is arrested, efforts are made to arrest such individuals, or such individuals surrender in court. It is not the ACC's responsibility to know where they are hiding. The measure is in place to prevent them from fleeing," he added.