Why filing graft FIRs with ACC not unconstitutional: HC

Dhaka, Dec 17 – The High Court on Tuesday issued a rule seeking an explanation why the provision of filing FIRs over graft allegations with the Anti-Corruption Commission (ACC) offices instead of police stations should not be declared unconstitutional. The HC bench of Justice Moyeenul Islam Chowdhury and Justice Khandaker Diliruzzaman issued the rule after hearing a writ petition.
Khurshid Alam Khan stood for the ACC while Abdul Qaiyum represented the petitioner.
Khurshid Alam said the law, home and parliament secretariat secretaries, ACC chairman, its secretary and inspector general of police have been asked to respond to the rule within four weeks.
Supreme Court lawyers Subir Nandi Das and Barrister Nousheen Nawal filed the writ petition on November 13.
The national anti-graft body issued a gazette notification on June 20 last amending the Anti-Corruption Commission Rules-2007 with a provision to file cases with its offices.
“The amended rules are contradictory to articles 39, 65 (1) of the constitution and section 154 of the Code of Criminal Procedure,” said Subir Nandi.
He also said a police station is bound to record the allegation of any person according to section 154. “But now police stations can’t directly record any allegation of corruption or a case due to the amended rules. That’s why the writ was filed,” he added. – UNB