Published on 12:00 AM, November 17, 2008

Tac set free for a month by SC

Commission chief wants to make best use of this period but uncertain about fate of those who confess

The Supreme Court yesterday stayed for one month Thursday's High Court order, which declared the Truth and Accountability Commission (Tac) and its activities illegal and unconstitutional.
As per the SC order, Tac can now resume its functions halted for three days.
As the SC order breathes life into Tac, its Chairman Justice Habibur Rahman Khan told The Daily Star last night they would speed up their work to finish all the pending tasks before the stay expires.
"We've got a temporary stay on the High Court order. I'll begin hearing on appeals pending with the commission from tomorrow [Monday] as I've received some documents regarding the stay late today," said Habibur Rahman.
"We'll also try to speed up our activities so that we can finish our job by this time," he added.
The Tac boss is, however, uncertain about the fate of the graft-accused confessing to committing corruption if the SC upholds the HC verdict.
"The graft-accused will be in an uncertain situation. How can I give any guarantee regarding the matter? I can't do so. It'll be decided through legal procedures," he observed.
The Tac did not carry out any office activities yesterday with its three commissioners including the Chairman not attending office. Other officials passed their day by receiving phone calls from journalists and graft-accused, who mainly enquired if the commission was functioning.
As office activities remained suspended yesterday, the last date for submitting applications seeking clemency, the Tac boss said they would extend the deadline till November 19.
Earlier on October 29, Tac extended the same deadline for 15 days for the third time.
The commission today announces a fresh date for holding hearing on the appeals, which were supposed to be heard yesterday.
Mentioning article 112 of the Constitution, the commission chief said, "Tac is not parallel to the court. It's helpful to the courts. Helpful in the sense that it lessens
burden of other courts."
Referring to article 35 (4) of the Constitution he added, "We're not compelling anybody to confess to their ill-gotten wealth; rather the graft-accused are coming voluntarily. And we're not punishing anybody either, the graft-accused are being relieved instead."
SC PROCEEDINGS
The government yesterday filed a petition with the chamber judge's court of the SC seeking a stay on the HC order.
The court also asked the government to file a regular leave to appeal with the SC against the HC order.
Chamber Judge of the Appellate Division Justice MA Matin passed the order upon holding hearing on a stay petition filed by the government.
Attorney General Salauddin Ahmed told newspersons following the chamber judge's order there is no legal bar to resuming functions of Tac.
"After the High Court declared illegal the Truth and Accountability Commission Ordinance 2008, I advised the commission to stop their functions unless the Supreme Court stays the High Court order. Since the High Court judgement has been stayed, the commission can now resume its functions," he said.
He added a regular leave to appeal would be lodged with the SC after his office receives the certified copy of the HC judgment.