ACC power to appoint same officer for inquiry, investigation: HC rejects writ petition

The High Court today rejected a writ petition filed challenging the legality of an amended rule that allows the Anti-Corruption Commission (ACC) to appoint the same officer to conduct both the inquiry and investigation of a corruption case.

Inquiry is done before a case is filed and investigation is conducted after a case is lodged according to the law.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman rejected the writ petition with some observations.

The writ petition was filed by former chairman of Ekushey Television (ETV) Abdus Salam who is now accused in some corruption cases.

The court did not disclose the observations instantly today.

The HC bench will deliver the observations in its full text of the verdict, Deputy Attorney General Sarwar Hossain Bappi told The Daily Star.

ACC's lawyer Khurshid Alam Khan, however, told The Daily Star that the ACC rule is valid and the commission can appoint the same  officer to conduct both the inquiry and investigation of a corruption case following the HC verdict.

He also said there is no legal bar for the ACC to proceed with the corruption cases against Abdus Salam.

On November 17, the HC fixed December 8 (today) as the date, for delivering judgement after concluding hearing on the petition.

Abdus Salam filed the writ petition with the HC in September this year challenging the legality of an amended rule of the Anti Corruption Commission Rules-2007 that allows the ACC to appoint the same officer to conduct both the inquiry and investigation of a corruption case.

The ACC filed the case with Ramna Model Police Station on March 13, 2017 against Abdus Salam on charge of amassing illegal wealth worth Tk 32.20 crore.

Deputy director of the ACC Md Shamsul Alam conducted both the inquiry and investigation of the corruption case against Abdus Salam.

Following the writ petition, the HC on September 7 this year issued a rule asking the government and ACC to explain why the amended rule of the Anti-Corruption Commission Rules, 2007 should not be declared illegal and unconstitutional.