High Court petitioned to scrap TAC law
Tuesday, 26 August 2008
A writ petition filed Monday urged the High Court to repeal the Truth and Accountability Commission (TAC) Ordinance, which it claimed was unconstitutional, reports bdnews24.com.
Supreme Court lawyer Adilur Rahman Khan, Ubinig executive director Farida Aktar, Awami League's women affairs secretary Dipu Moni and Odhikar acting director Nasiruddin Elan filed the petition with the High Court bench of Justice Khademul Islam Chowdhury and Justice Mashuk Hossain Ahmed.
The petition, filed in the form of public interest litigation (PIL) by advocate Mohammad Asaduzzaman, named the President's secretary, cabinet secretary, home secretary, ACC chairman and TAC chairman as the respondents.
Advocate Asaduzzaman told the news agency that barrister Toufique Newaz would pursue the petition. The hearing might take place Monday or Tuesday, he added. The petition said the ordinance had come into force as an alternative to the disposal of graft cases in the court, which was unconstitutional.
Beyond appropriate law courts, no other authorities have the jurisdiction to try criminal offences.
The petition also said the ordinance had not declared the TAC a court, which rendered its provision to confiscate property of individuals and similar provisions unconstitutional.
Besides, the ordinance also ordained TAC's independence to 'choose and pick' among the offenders.
The petition also pointed out how and where the ordinance contravened a number of other constitutional provisions. It argued that the President could not pass any law during a caretaker government's regime other than those related to the elections or an emergency.
The President signed into law the Voluntary Information Provision Ordinance on June 8, which came to be known as the Truth and Accountability Commission Ordinance.
Terming the TAC unconstitutional, the writ demanded that it be scrapped.
Supreme Court lawyer Adilur Rahman Khan, Ubinig executive director Farida Aktar, Awami League's women affairs secretary Dipu Moni and Odhikar acting director Nasiruddin Elan filed the petition with the High Court bench of Justice Khademul Islam Chowdhury and Justice Mashuk Hossain Ahmed.
The petition, filed in the form of public interest litigation (PIL) by advocate Mohammad Asaduzzaman, named the President's secretary, cabinet secretary, home secretary, ACC chairman and TAC chairman as the respondents.
Advocate Asaduzzaman told the news agency that barrister Toufique Newaz would pursue the petition. The hearing might take place Monday or Tuesday, he added. The petition said the ordinance had come into force as an alternative to the disposal of graft cases in the court, which was unconstitutional.
Beyond appropriate law courts, no other authorities have the jurisdiction to try criminal offences.
The petition also said the ordinance had not declared the TAC a court, which rendered its provision to confiscate property of individuals and similar provisions unconstitutional.
Besides, the ordinance also ordained TAC's independence to 'choose and pick' among the offenders.
The petition also pointed out how and where the ordinance contravened a number of other constitutional provisions. It argued that the President could not pass any law during a caretaker government's regime other than those related to the elections or an emergency.
The President signed into law the Voluntary Information Provision Ordinance on June 8, which came to be known as the Truth and Accountability Commission Ordinance.
Terming the TAC unconstitutional, the writ demanded that it be scrapped.