Farmers being arrested, nothing happens to big embezzlers: SC

The chamber judge of Supreme Court’s Appellate Division on Monday said ordinary farmers were being dragged with a rope tied around their waist for only a loan of Tk 25,000 but nothing happens to those who defaulted with billions of takas.

Justice M Enayetur Rahim, the chamber judge, made the observation during the hearing on a petition filed by the BRAC Bank, against a High Court judgement saying no bank or the financial institution can file a cheque dishonour case against any person for defaulted loans.

Five days after the verdict was handed down, BRAC Bank filed a petition with the Appellate Division seeking a stay order on the High court verdict.

Regarding the blank cheque taken from the customers while issuing a loan, the chamber judge said, “There is no trace of who signs the cheque, who draws the amount of money, who fills the columns. Even the Bangladesh Bank has notified that such cheques cannot be taken. Then why are the banks not complying with the BB directives?”

AM Amin Uddin appeared in the court hearing on behalf of the BRAC Bank, while lawyer Abdullah Al Baki represented the loan receiver.

AM Amin Uddin prayed to the chamber judge to stay the judgment of the High Court saying that suspension of the judgment of the High Court is necessary, otherwise, the loan cannot be recovered.

However, when the chamber judge asked to show any relevant example, the BRAC Bank lawyer failed to show it. Later, the chamber judge sent the petition of BRAC Bank to the regular bench of the Appellate Division and set on December 1 for a hearing.

Earlier, the High Court on November 23 suspended the proceedings of all cheque dishonour cases filed by various banks against the defaulters for debt recovery.

The HC also ordered that no bank or financial institute will be allowed to file a cheque dishonour case while recovering the loan.

The single bench of Justice Md Ashraful Kamal passed the order during the hearing of an appeal filed by a customer of Brac Bank.

The HC also asked lower courts not to accept any cheque dishonour case filed by any bank or financial institute from now on.

The court said that banks were supposed to be friends of the poor, but instead of that, the banks and various financial institutions are sucking the blood of the poor. It cannot be.

Following the verdict, a bank or financial institution can file cases only with the money loan court under the sections of the Artharin Adalat Act.