The New Nation - Internet Edition

UNB, Dhaka

The High Court yesterday issued rule asking the government to explain why the impugned Voluntary Disclosure of Information (Amendment) Ordinance 2008 under which the Truth and Accountability Commission (TAC) was formed should not be declared "unlawful and ultra vires of the constitution".

After a three-day hearing on a public-interest litigation writ petition, a Division Bench comprising Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed issued the rule, dismissing the plea of the Attorney General, the chief government law officer, for rejecting the writ summarily.

AG Salahuddin Ahmed denied that the Ordinance is conflicting with the constitutional provisions. The rule is made returnable in two weeks.

The HC bench, however, did not entertain the writ petitioners' prayer for an interim order, pending hearing of the rule, restraining the clemency body TAC from performing its function under the impugned Ordinance.

Four rights activists filed the writ petition that challenged the constitutional validity of the much-talked- about Voluntary Disclosure of Information (Amendment) Ordinance 2008 under which the TAC has been formed to hand out clemency to self-confessed corrupt persons.

Rights activists advocate Adilur Rahman Khan, Farida Akhter, Dr Dipu Moni and advocate ASM Nasiruddin Elan filed the PIL writ petition.

President Dr Prof Iajuddin Ahmed constituted TAC on July 30 by appointing its chairman Justice Habibur Rahman Khan and two members --- former comptroller and accountant general Asif Ali and Maj Gen (retd) Manzur Rashid Chowdhury.

On August 3, the TAC, the newest institution for dealing with graft charges under the countrywide purge in the interim period, finally started functioning through receiving clemency petitions but was yet to deal with the cases of the penitent corrupt.

The Commission will consider the cases of the corrupt who seek mercy voluntarily confessing to their crime of committing corruption, by depositing their ill-gotten wealth with the state exchequer.

Graft suspects may apply to the commission by September 1 of this year for making voluntary disclosures about their corruption.

The self-confessed corrupt will be considered ineligible for contesting any national or local elections, for holding any public office or executive position in any collective bargaining agency, association, bank, or financial institution for five years.

Persons willing to voluntarily disclose their ill-gotten wealth will be exempted from prosecution and imprisonment, subject to surrendering their illegal property or the corresponding amount of money to the exchequer.