logo

HC scraps law barring ACC from suing public servants

FE Report | Friday, 31 January 2014


The High Court (HC) scrapped Thursday section 32 (ka) of amended Anti-corruption Commission (ACC) law which curtailed the commission's authority to sue public officials, judges without prior approval of the government.
A HC division bench comprising Justice Kazi Reza-Ul Haque and Justice ABM Altaf Hossain passed the judgment declaring the provision 'unconstitutional'.
On November 11, parliament passed a bill with a provision under which the ACC is required to take the government's permission before filing cases against public officials. The bill was made as law after signing of the President amid protest of various rights organisations.
As per the provision, no court shall take cognisance of an offence without prior government sanction to hold trial of a judge, or a magistrate or any public servant.
Prosecutors will have to submit proof of government permission to the court before it begins trial of a judge or a magistrate or any public servant.
On November 24, Advocate Manzill Morshed filed a writ petition on behalf of the Human Rights and Peace for Bangladesh (HRPB) as public interest litigation (PIL) challenging the constitutional validity of the ACC law. Mr Morshed took part in the hearing for HRPB Thursday while deputy attorney general Biswajit Roy stood for the government.
After the verdict, Advocate Morshed told the reporters that the provision is totally contradictory to the constitution as every citizen is equal. So, restoring of special facility of a section of people should be scrapped.