The High Court yesterday declared section 32A of the Anti-Corruption Commission Act, 2004 unconstitutional which stipulates that the government approval is a must before prosecuting judges, magistrates and public servants in graft charges.
The bench of Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain delivered the verdict on a writ petition filed on November 24 by Human Rights and Peace for Bangladesh.
The court observed that the recently included provision of obtaining approval of the government was contrary to the constitution as well as fundamental rights of people and it was incorporated with a malafide intention.
“Though in our constitutional scheme all citizens are equal before the law, still the provision grants some forms of immunity to certain public employees, creating discrimination among the citizens,” it observed.
The amendment was passed on November 11 last year in parliament and a gazette notification was issued on November 20 on the amendment.
Manzill Murshid, the lawyer of the petitioner, told before the court that the prior approval provision was not in existence in the original bill.
The new provision that took away the power from the anti-graft body in prosecuting public servants without government’s permission drew flak from many quarters including the ACC.
In an immediate reaction, ACC Chairman M Bodiuzzaman said the ruling will help them act strongly against all kinds of corruption. “From the beginning of the amendment, we pressed for annulling the provision of taking approval from the government in case of proceeding against public servants and judges,” he added.
M Shahabuddin Chuppu said the judgement will safeguard the independence of the anti-graft body.
Deputy Attorney General Biswojit Roy told the Dhaka Tribune that they would lodge an appeal against the HC verdict with the Appellate Division if the government instructed so.
On November 25, the High Court asked the government to explain in four weeks why the provision should not be declared unconstitutional.
The speaker, secretaries of cabinet division, president secretariat, prime minister’s secretariat and law ministry were asked to reply to the rule.