Why not filing case with ACC be termed unconstitutional: High Court
The ACC published a gazette on June 20, correcting the ACC Amendment Bill 2007 about filing case by itself
The High Court has passed a ruling, asking why filing of cases by the Anti-Corruption Commission (ACC) in its office instead of a police station and the following investigation will not be termed unconstitutional.
The bench of Justice Mainul Islam Chowdhury and Justice Khondakar Deliruzzaman passed the ruling after hearing a writ petition on Tuesday.
Secretaries to the home and law ministries, parliament, the chairman of the ACC, the inspector general of police and the secretary to the ACC have been made respondents to the ruling.
They have been asked to reply to the ruling within four weeks.
Lawyer Abdul Kayum stood for the writ petition and lawyer Khurshid Alam Khan represented the ACC.
On November 13, Supreme Court lawyer Subir Nandi Das and barrister Nawshin Nawal filed the writ petition.
The ACC published a gazette on June 20, correcting the ACC Amendment Bill 2007 about filing case by itself.
Petitioner Subir Nandi Das said the amended ACC law contradicts the constitution and the Code of Criminal Procedure (CrPC). According to Section 154 of the CrPC, a police station is bound to record a complaint, but police stations cannot now record corruption cases because of the ACC law, he said.