SC stays HC ruling on TAC
November 17, 2008 00:00:00
The Truth and Accountability Commission (TAC) that ceased to exist following High Court (HC) interdiction was Sunday resurrected with Supreme Court (SC) order of stay on the operation of the HC ruling for a month, report UNB/bdnews24.com.
Supreme Court's chamber judge passed the interim order upon a petition moved by the government as it prefers leave to appeal against the HC judgment that had left the clemency body dysfunctional since Thursday.
On November 13, the TAC, constituted to show mercy to penitent corrupt persons under the current purge, lost its existence as the High Court declared illegal and ultra vires of the Constitution the Voluntary Disclosure of Information Ordinance on which the TAC was founded in the current interim period.
A division bench comprising Justice Mir Hasmat Ali and Justice Shamim Hasnain had delivered the judgment upon a Public Interest Litigation (PIL) writ petition filed by four rights activists challenging the validity of the much-talked-about Ordinance and its Commission.
Meanwhile, The TAC will resume its activities today (Monday) as the Appellate Division Sunday stayed an HC order declaring it illegal.
"Yes, following the order of the Appellate Division the activities of the Commission will resume tomorrow," Tac Chairman Justice Habibur Rahman Khan said.
The Commission halted its activities following the HC verdict Thursday. Tac Chairman and Members Asif Ali and Maj Gen (retd) Manjur Rashid did not attend the office Sunday.
Justice Khan said that subject to consultation with the two members, the deadline for filing clemency application would be extended by another three days.
The deadline for filing applications was supposed to expire Sunday.
"We will extend the deadline by three days because some days have been wasted due to the court order," Tac chairman said.
He said those whose clemency pleas were scheduled to be heard today (Sunday) would be given a new date and others would be heard as scheduled.
About the day's Appellate Division verdict, Justice Khan said, "I'm happy for the time being. I was very much concerned especially about those who have already deposited money."