The Appellate Division of the Supreme Court on Monday decided to seek expert opinions on the legal maintainability of Professor Muhammad Yunus’ appeal to quash money laundering proceedings against him.
The appeal was made despite the proceedings being dropped by the lower court on August 11, following a request from the Anti-Corruption Commission, and Yunus’ appointment as chief adviser of the interim government on August 8.
A six-judge bench, chaired by Chief Justice Syed Refaat Ahmed, has also scheduled October 21 to hear statements from amici curiae.
The court’s decision came after attorney general Md Asaduzzaman opined that the Appellate Division, under its inherent powers granted by Article 104 of the Constitution, should review whether the High Court erred in summarily rejecting Yunus’ petition.
Yunus’ appeal challenged the dismissal of the money laundering case during pendency of hearing of his appeal by the Appellate Division.
The legal debate revolves around whether Yunus’ petition is maintainable because no proceedings are currently active against him following the case’ dismissal.
Asaduzzaman contended that the ACC’s decision to drop the case was an attempt to undermine Yunus’ legal position, potentially enabling the case to be revived in the future.
The ACC’s case involved allegations of embezzlement and money laundering related to a settlement with 164 workers, involving Tk 437,01,12,621 paid to dismissed employees.
Lawyer Abdullah Al Mamun, representing Yunus, argued that Yunus has not sought administrative measures to clear himself of what he considers ‘baseless’ charges.