The High Court has questioned the provision that says no person can complain directly to the court over the scheduled offences of the Anti-Corruption Commission (ACC).
The court has issued a rule upon the concerned bodies of the government to explain in four weeks as to why the Section 13(3) of the Anti-Corruption Commission Rules, 2007 in respect of curtailment of the power of the court and imposition of embargo in filing complaint cases shall not be declared illegal.
Anti-Corruption Commission and other respondents have been asked to comply with the rule within 10 days.
The High Court bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a writ petition filed in this regard.
Supreme Court lawyers Subir Nandi Das and Noshin Nowal jointly filed the writ petition challenging the legality of the Section 13(3) of the Anti-Corruption Commission Rules, 2007.
Mr Subir Nandi himself appeared in the court hearing representing his prayer, while lawyer Khurshid Alam Khan appeared for the ACC and Deputy Attorney General AKM Amin Uddin Manik represented the state.
The Anti-Corruption Commission issued a new gazette on June 20 in 2019 after amending the Anti-Corruption Commission Rules, 2007 where some provisions were included including this provision.
Earlier on November 13 in 2019, Advocate Subir Nandi Das and Barrister Noshin Nowal jointly submitted a writ petition challenging the sections of the Anti-Corruption Commission Rules that curtailed police’s authority to directly record corruption cases.
Following that writ petition the High Court on December 17 in 2019 issued a rule asking the government to explain as to why the Sections of the Anti-Corruption Commission Rules that curtailed police’s authority to directly record corruption cases should not be declared unconstitutional.
The same petitioners again filed a supplementary petition with the High Court challenging the Section 13(3) of the ACC Rules.
Lawyer Subir Nandi citing the petition said, “By insertion Rule 13(3) Anti Corruption Commission puts a precondition to satisfy the court that complainant has to approach first to the commission. After insertion of Rule 13(3) the power of the court in filing of the complaint case has been curtailed in violation Code of Criminal Procedure, 1898.”
