Declaring the section 12(2) of the ACC Act 2004 as invalid and illegal, the High Court yesterday abolished the provision of making the Anti Corruption Commission commissioners accountable to its chairman.
An HC bench comprising Justice Moinul Islam Chowdhury and Justice Md Ashraful Kamal passed the order after the final hearing on a writ petition filed by Supreme Court lawyer Md Kamal Hossain challenging the section.
Kamal Hossain stood for his own while Khurshid Alam Khan argued for the ACC during the hearing.
Emerging from the courtroom, Khurshid Alam Khan said, “I stood for the ACC chairman. The court has abolished the provision that makes the commissioners accountable to the chairman. We’ll file an appeal with the Appellate Division of the Supreme Court on Sunday seeking a stay on the HC order.”
The section 12(2) of the ACC Act 2004 says, “… commissioners shall carry out the duties entrusted to them under the overall supervision and control of the chairman and the commissioners shall be accountable to the chairman”.
Earlier on June 14, the same HC bench issued a rule seeking explanation as to why the provision of making the Anti Corruption Commission (ACC) commissioners accountable to the ACC chair should not be abolished.
In its rule, the HC observed that the section is conflicting with the principles of the ACC and asked the authorities to explain in four weeks why it should not be abolished.
