The Appellate Division of the Supreme Court yesterday upheld a High Court verdict that abolished a provision of the Anti-Corruption Commission (ACC) act which held ACC commissioners accountable to the commission’s chairman.
A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha gave the order in response to a petition filed by ACC Chairman M Bodiuzzaman seeking a stay order on the High Court verdict.
Bodiuzzaman’s lawyer Khurshid Alam Khan said his client would file a motion for leave to appeal with the apex court challenging the Appellate Division’s ruling.
On November 19, the High Court ruled section 12(2) of the ACC Act 2004 invalid and illegal, and abolished the provision of making ACC commissioners accountable to the chairman.
Section 12(2) of the act says: “The ACC commissioners shall carry out the duties entrusted to them under the overall supervision and control of the chairman and they shall also be accountable to the chairman”.
Lawyer Khurshid said the High Court ruling would remain in force until the Supreme Court gave another order on the issue.
The High Court in its ruling said the provision is illegal as it curtailed the independence of the ACC commissioners.
It delivered the verdict on a writ petition filed by Supreme Court lawyer Md Kamal Hossain.