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HC order on Asif Mahmud’s petition against ACC briefings on 11 Nov

HC order on Asif Mahmud’s petition against ACC briefings on 11 Nov
Asif Mahmud Shojib Bhuyain. Photo: Collected
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The High Court will deliver its order on 11 November on a writ petition filed by former interim government adviser and NCP spokesperson Asif Mahmud Shojib Bhuiyan, challenging the legality of the Anti-Corruption Commission’s (ACC) press briefings on allegations against him.

A bench of Justice Md Bashir Ullah and Justice Md Hamidur Rahman fixed the date after hearing the petition on Wednesday.

Barrister Yusuf Ali appeared for Asif Mahmud during the hearing.

The petition challenges the ACC‘s decision to publicly disclose allegations against him and state that it had found preliminary evidence of wrongdoing at the outset of its investigation.

According to the writ petition, an ACC deputy director told a press briefing at the commission’s headquarters on 2 September that the commission had decided to investigate allegations of irregularities involving transfers, recruitment and promotions by Asif Mahmud and others, alleging that preliminary evidence had been found.

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The petitioner said that the Anti-Corruption Commission Act allows the preliminary truth of an allegation to be established only after an inquiry. He said the commission had no legal authority to declare that preliminary evidence had been found before completing the investigation.

The petition also stated that, on 9 September, the ACC secretary described the deputy director’s remarks as a “slip of the tongue” in response to questions from journalists. The official concerned also reportedly acknowledged in a journalists’ WhatsApp group that the statement was an unintentional mistake.

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However, the ACC did not formally withdraw the remarks through a public statement, the petitioner claimed.

After sending a legal notice to the commission on 10 September, Asif Mahmud alleged that the ACC failed to take it into consideration and instead held another press briefing on 13 September.

At the second briefing, an ACC assistant director reportedly raised further allegations concerning the appointment of the Dhaka North City Corporation administrator, deputy commissioner postings, Wasa, the Local Government Engineering Department (LGED), tenders for development projects and money laundering abroad.

Asif Mahmud described the allegations as baseless and untrue in his petition.

On the allegation concerning the cancellation of his additional responsibilities at the Ministry of Youth and Sports, the petition said the decision was taken through a ministry order following a ruling by the Administrative Appellate Tribunal.

It also referred to the promotion of 150 assistant youth development officers, saying the promotions took effect on 11 May 2026, nearly five months after his resignation. The petitioner said his involvement in the promotions was therefore legally and practically impossible.

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The writ petition further alleged that the ACC briefings were intended to damage his social and political standing and subject him to a media trial after he announced his candidacy for mayor in the upcoming Dhaka North City Corporation election.

Asif Mahmud said the publication of the ACC’s statements violated the fundamental rights guaranteed under Article 31 of the Constitution and the Information Disclosure Policy, 2011.

The petition seeks a directive barring the ACC from holding press briefings on matters under investigation or pending before the authorities. It also asks the court to direct the commission to formally withdraw its earlier statements through a notice published with equal prominence.

Earlier, another High Court bench removed the writ petition from its cause list on 29 September. It was subsequently placed before the bench led by Justice Md Bashir Ullah for a hearing.

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