SC upholds abolition of ACC commissioners’ accountability to chairman
29 November 2015, Nirapad News: The Supreme Court (SC) on Sunday upheld the High Court (HC) order that abolished the provision of making the Anti Corruption Commission (ACC) commissioners accountable to its chairman.
A four-member bench of the Appellate Division of the SC headed by Chief Justice SK Sinha passed the order upon a petition filed by the ACC.
The apex court also asked ACC to file a leave-to-appeal petition after receiving copy of the order, said Advocate Khurshid Alam Khan, a lawyer for ACC.
ACC had filed the petition with the SC on November 22 against the HC order abolishing the provision of the ACC commissioners’ accountability to its chief.
The HC issued the order on November 19, declaring the Section 12(2) of the ACC Act 2004 invalid and illegal.
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 SC lawyer Md Kamal Hossain challenging the section.
Kamal Hossain stood for himself while Khurshid Alam Khan argued for the ACC during the hearing.
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 they shall be accountable to the chairman”.
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.