Govt asked to explain why Tac ordinance not illegal

The High Court (HC) issued a rule on the government yesterday to explain in two weeks why the Truth and Accountability Commission Ordinance 2008 should not be declared illegal and unconstitutional.
The HC bench of justices Khademul Islam Chowdhury and Mashuque Hossain Ahmed issued the rule after a two-day hearing on a writ petition filed on August 25.
The government formed the Truth and Accountability Commission (Tac) under the ordinance promulgated by the president on June 8, paving the way for the corrupt to walk free after voluntarily confessing to their corruption and handing the ill-gotten wealth back to the state exchequer.
The petitioners said the ordinance which brings the truth commission into being is unconstitutional because no authorities other than the lawful courts have the jurisdiction to try and mete out penalties to criminal offenders.
They said though the ordinance has not declared the Tac a court, it provides for the commission to confiscate individuals' property which goes against the basic tenets of the country's constitution.
The petition argued that the president cannot promulgate such an ordinance other than the ones related to elections or emergencies during the tenure of a caretaker government.
The president's secretary, cabinet secretary, home secretary, Anti-Corruption Commission (ACC) chairman and Tac chairman were made respondents in the writ petition.
Supreme Court lawyer Adilur Rahman Khan Shubhro, Ubinig, an NGO, executive director Farida Akthter, the Awami League's women affairs secretary Dipu Moni and rights group Odhikar's acting director Nasiruddin Elan had filed the petition as public interest litigation (PIL).
Dr Toufik Rewaz argued for the petitioners while Attorney General Salauddin Ahmed represented the defendants.