June 11, 2013 in Publication
Bangladesh is a nation each and every spear of either political, economical or law and order situation the Judiciary needs to interfere as all the responsible corners acting like vested quarters as going to be a fact in the ugly looking show of tenure question to Chairman of Anti Corruption Commission. The Anti Corruption Commission Act, 2004 is almost a ten years old law and from the period of one-eleven for a time being the said law became the only penal law in Bangladesh. On some of the provisions the Act still suffering from ambiguity and uncertainty but there are some provision rendering no explanation like section 6 of the Act. Section 6 of the Act deals the appointment, tenure and barring re-appointment of the Commissioners of the Anti Corruption Commission of Bangladesh in which it is clearly stated in sub-section 3 of section 6 that the Commissioners will be in their office for a period of 4 years from the date of their appointment. In the Act neither in section 6 nor in any other provisions there is any exception or saving clause making the term “Appointment” to be explained with the term “Joining”. The Act is very much clear about the tenure of the Commissioner that the same must be computed from the date of appointment not joining.
The present Chairman of Anti Corruption Commission has been appointed on 2nd May 2009 and after 10th June 2013 (4 years 1 month and 9 days) he still performing in his office the law says there is no scope for re-appointment then the question how Mr. Chairman continuing in his office?
An Advocate of Supreme Court of Bangladesh already filed a writ petition challenging the continuation of Mr. Chairman of ACC in the office after expiring of his tenure and one Divisional Bench of the Hon’ble High court already issued rule nisi in this regard.
Now its time to have a little look onto the issue of expiring tenure of Mr. Chairman of ACC in Bangladesh as he himself stated that after his appointment on 2nd May, 2009 due to continuation in the office by his PREDECESSOR he joined later on 23rd June, 2009. The Hon’ble Law minister of Bangladesh also told that Mr. Chairman of ACC joined a later time after his appointment so his performing in the office is lawful.
After issuance of rule from court the Law Minister and the Chairman ACC made their legal position clear by this time and the nation waiting for another issue to be solved by the Judiciary. The Judiciary is already over-burden and in such a situation a new case added in which some responsible corners already make their legal opinion and now its the time for Court not only to adjudicate the issue involved but to expand the umbrella over the vested quarters.