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ACC in new controversy

Experts say chairman's appointment violates constitution

ZAYADUL AHSAN and SHAKHAWAT LITON
Constitution experts question the legality of the appointment of a former chief election commissioner (CEC) as the chairman of the AntiCorruption Commission (ACC) saying it has been done in violation of the constitution.
Justice Sultan Hossain Khan
who held the office of the CEC from February 17, 1990 to December 24, 1990, was appointed the chairman of the anticorruption watchdog when it was formed on November 21 last year.
Talking to The Daily Star, retired Supreme Court judges and a former CEC yesterday viewed that the constitution does not permit the
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appointment of a person retiring from the office of the CEC, to the service of the republic.
The Article 118 (3) (a) of the constitution says: "a person who has held office as Chief Election Commissioner shall not be eligible for appointment in the service of the Republic."
Asked, Justice Sultan who was also a High Court Judge refused to comment on the issue. He however advised this correspondent to consult legal experts whether the office of the ACC chairman is considered a service of the republic.
The constitution says the service of the republic "means any service, post or office whether in a civil or military capacity, on respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic."
Moreover, the Supreme Court in its December 2, 1999 judgement on the separation of judiciary said, "…
In broad concept the service of the republic means all services of Bangladesh. It is a generic term and person who is getting emolument because of his service in the Republic is a public officer."
Justice Naimuddin Ahmed, a former member of the Law Commission, told The Daily Star yesterday that there is no option for a former CEC to be appointed to an office of the republic after retirement.
"The office of the chairman of the
Anti-Corruption Commission is, of course, a service of the republic," said Justice Naimuddin.
Talking to The Daily Star yesterday, former CEC Abu Hena said a retired CEC is not eligible for appointment to this position as the constitution does not permit it.
Echoing him, Justice Mohammad Gholam Rabbani said: "As he (Justice Sultan) had held the office of the CEC, a constitutional bar is already there for him to be appointed to the post of ACC chairman."
"He (Justice Sultan) knows very well about all the constitutional bindings. He should not have accepted the post," Rabbani, a retired judge of the Appellate Division, told The Daily Star.
"It is surprising how he could accept the post after being retired from the offices of the CEC and a High Court judge," said Justice Rabbani referring to article 99 (1) of the constitution that bars a retired judge from joining such position.
A five-member selection body, which comprised two judges, in August last year recommended six names against the positions of a chairman and two members of the ACC. The president picked three from the panel and appointed Justice Sultan as its chairman, and M Maniruzzaman Miah and Maniruddin Ahmed as members.