Appointing ex-SC judge as ACC chief violates Constitution, breaches judicial independence: Ridwanul Hoque

Ridwanul Hoque, a professor of Law at the University of Dhaka, has criticised the government’s appointment in a Facebook Post, saying that the appointment of Justice AKM Asaduzzaman as chairman of the Anti-Corruption Commission (ACC) violates the Constitution and judicial independence.

Hoque based his argument on Article 99(1) of Bangladesh’s Constitution, which states that a retired or removed judge “shall not… hold any office of profit in the service of the Republic” that is not a judicial or quasi-judicial office.

He said appointing a former judge to head the ACC directly breached the principle of judicial independence.

Hoque also criticised the appointment in the context of democracy, saying the government was “clearly in the path opposite to democracy”.

He acknowledged that a similar appointment had been made several years ago, indicating that the practice was not without precedent, while maintaining his concerns over its constitutional implications.

Appointment triggers criticism

Hoque’s comments followed the government’s appointment of Justice AKM Asaduzzaman as the new ACC chairman.

However, other legal experts told The Business Standard that the ACC is not a quasi-judicial body. It is a statutory investigative agency established under the ACC Act, mandated to inquire into, investigate, and initiating prosecution for corruption offenses, whereas actual trials and adjudications are carried out by formal judicial bodies, including the Special Judge Courts.

The Cabinet Division announced the appointment in a gazette notification on 17 August under Section 6(1) of the Anti-Corruption Commission Act, 2004.

Alongside Asaduzzaman, the government appointed Dr Jahangir Alam and Dr Sazzat Hossain Bhuiyan as ACC commissioners.

Asaduzzaman will receive the salary, allowances and status equivalent to a judge of the Appellate Division of the Supreme Court. The two commissioners will receive status and benefits equivalent to judges of the High Court Division.

The appointments were made by the president on the recommendation of a selection committee formed on 22 June.

It restored permanent leadership to the ACC, which had been without a permanent commission since the previous commission resigned on 3 March.

The new commission is expected to accelerate long-standing investigations and strengthen the agency’s institutional capacity.

It will also face scrutiny over its independence, impartiality and effectiveness as it takes over an institution that has operated without permanent top officials for several months.