Suspension of Home Minister and Speaker not within scope of ACC Act: High Court

Nov 30, 2012

The High Court today upheld its decision to sustain its interim order issued against the Anti-Corruption Commission’s (ACC) suspension order suspending the Home Minister and the Speaker.

The High Court finding says the ACC’s suspension order was not within the scope of the ACC Act 2011. The finding also pointed out procedural lapses, undermining other prevailing laws.

The High Court passed its judgment stating the suspension of the Speaker and the Minister for the alleged offence committed prior to the current posts is not within the scope of the ACC Act 2011.

The judgment says the ACC Act does not retroactively authorise the Commission to suspend public servants who are charged of an offense prior to the commencement of the Act. The ACC Act 2011 came into effect on the July 5, 2011.

The High Court also quoted section 11.5 of the National Assembly Speaker’s Act 2004, which prohibits the removal of Speaker without having proven guilty.

The High Court judgment says the Office of the Attorney General (OAG) has the right to test the legality of the suspension order. However, the OAG does not have the right to defend the individuals in the court.

The High Court decision says that constitutional bodies such as the Anti-Corruption Commission and the Office of the Attorney General are to provide constitutional and statutory roles of ensuring effective check and balances and should work in harmonious interpretation, rather than impeding upon each other’s power.

The Anti-Corruption Commission issued the suspension order to the two individuals on November 15 in relation to the Gyalpoizhing land allotment issue.

The High Court issued the temporary restraining order on the ACC’s suspension order on the November 19 after the Office of Attorney General filed a petition.

On November 22-23 the office of Attorney General and the Anti-Corruption Commission submitted their arguments. The High Court upheld its temporary restraining order until the final judgment is passed by the Monggar District Court.