The High Court has issued a rule asking the government to explain within 4 weeks why a clause in the amended Anti Corruption Act, that curtailed the ACC authority to file graft cases against government officials, would not be declared unconstitutional. The HC bench of Justices Quazi Reza-Ul Haque and ABM Altaf Hossain issued the rule on Monday in response to a writ petition filed by Manzill Murshid, president of the Human Rights and Peace for Bangladesh (HRPB).
In its rule, the HC asked the government to explain why the section 32 (Ka) of the amended ACC Act should not be declared unconstitutional as it is contradictory to the section 26 (1,2), 27, and 31 of the constitution.
The speaker of the House, cabinet secretary, secretaries to the president and the prime minister, ministry of law and the parliament secretariat have been made respondents to the rule.
During the day’s hearing, Murshid told the court that the government officials have been given protection through the amendment of the Anti-Corruption Commission Act which is against the constitution.
Referring to section 27 of the constitution, the petition said that all citizens are equal to the law and are entitled to get equal protection. But, the government has made discrimination through the amendment to the ACC law, it added.
Writ petitioner Manzill Murshid also said that the ACC is an independent body but “Its power has been curtailed through the amended.”
Earlier, on November 23, Advocate Eunus Ali Akond also sent a legal notice to the law secretary and four others asking them to take steps within 24 hours to cancel the amended to the ACC Act-2013.
In the notice, it was said that the ACC is an independent body which should not require the government’s permission to file any corruption case against any person. The parliament on November 10 passed the amendment bill into a law which included the provision of acquiring the government’s permission before filing a case against any public official.
-With The Independent input
