ACC fails to get stay on High Court order over internal provision

The Anti Corruption Commission (ACC) chief has failed to get a freeze on a High Court order, which had scrapped a provision on the accountability of its commissioners.

A four-member appeals bench led by Chief Justice Surendra Kumar Sinha heard the ACC chairman’s plea on Sunday and issued a ‘no order’.

Lawyer Kamal Hossain had filed the petition with the High Court challenging Section 12 (2) of the ACC Act, 2004.

“The Appellate Division’s order means that the High Court’s verdict remains effective,” said Hossain who attended the hearing at the Supreme Court.

Lawyer Khurshid Alam Khan represented the ACC chairman on Sunday while Rokon Uddin Mahmud and SM Abdur Rouf argued for ACC commissioners.

Khan said that they would move the appeal to a regular appellate bench against the High Court order. “We will file a ‘leave-to-appeal’ petition after receiving the copy of the verdict.”

The ACC Act’s Section 12 (2) says, “Other 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.”

A petition was filed with the High Court in June this year challenging this clause.

After initial hearing on Jun 14, the court issued a rule asking why the provision, which is inconsistent with ACC’s basic principles and Act, should not be scrapped.

In its verdict on Nov 19, the HC bench of Justice Md Moinul Islam Chowdhury and Justice Md Ashraful Kamal scrapped the Section 12 (2) of the Act.

The ACC chairman moved the Supreme Court’s chamber judge to stay the order.

It was then forwarded to the Appellate Division, which heard the matter on Sunday.