Dhaka, Nov 13 (bdnews24.com) – The High Court has declared illegal and unconstitutional the Voluntary Disclosure Ordinance 2008 that allowed the Truth and Accountability Commission to come into being.
The ruling renders the operations of Truth Commission that began work Aug. 3 illegal, said Mohammad Asaduzzaman, a lawyer on behalf of the writ petitioner.
"The High Court has declared illegal and unconstitutional the Truth Commission ordinance. So all its activities, done to date, will be viewed as illegal," he said to reporters.
The bench of justices Mir Hashmat Ali and Shamim Hasnain passed the order on Thursday on a writ petition filed on Aug. 25.
The petitioners are Supreme Court lawyer Adilur Rahman Khan, Unnayan Bikalpa Nirikkha Gobeshona executive director Farida Aktar, Awami League's women affairs secretary Dipu Moni and Odhikar acting director Nasiruddin Elan.
On Aug. 28, the High Court asked the government to explain why the ordinance should not be declared unconstitutional and illegal.
Advocate Taufique Newaj on behalf of the petitioners and Attorney General Salahuddin Ahmed for the commission argued in the court.
Taufique Newaj said, "The Truth Commission is an alternative way to settle justice in corruption-linked crime cases, that is what has been mentioned as the aims and objectives of the ordinance. Therefore, the ordinance is unconstitutional."
"In the ordinance, the Truth Commission is not declared as a court, so it is not empowered to confiscate assets and declare anyone ineligible to run for elections."
"The provision stipulates that if Truth Commission wants assistance from judiciary in consultation with the Supreme Court, the judiciary is obliged to assist it, which is unconstitutional."
Attorney General Salahuddin Ahmed said, "The ordinance is not unconstitutional. By the proclamation, corrupt persons have been given an opportunity to fend off penalty by depositing the illegally earned money to the state coffers. So there is nothing unconstitutional in the ordinance."
Ahmed said, "The government will appeal to the Supreme Court against the High Court order. But it has not taken any decision whether on it will launch the appeal after or before receiving the verdict copy."
President Iajuddin Ahmed signed into law the ordinance on June 8 which came to be known as the Truth and Accountability Commission ordinance.
The commission's chairman Justice Habibur Rahman Khan had said 337 people had applied so far to the commission for clemency.
Of the 337, 19 sought clemency personally, 141 through the Anticorruption Commission, 167 through the National Coordination Committee on prevention of serious crimes and the remaining 10 through court.
Hearing on 231 mercy-seekers had concluded, the commission chief had said, and added 82 applicants had so far received clemency.
Some Tk 13.96 crore had been deposited to the government treasury against a total of nearly Tk 26.17 crore expected.
Justice Khan said the commission had learnt that 38 more mercy seeking cases were to reach his office from the ACC.
The commission extended the latest deadline for mercy petitions until Nov. 15.
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