The Office of the Attorney General (OAG ) has filed yet another case against the Anti-Corruption Commission (ACC) at the High Court. This time, they are questioning the legality of Anti-Corruption Commission prosecuting Gyalpoizing land allotment case.
In September, the OAG had said there is no legal basis to take the case to the court.
According to sources, the Office of the Attorney General filed the case asking the High Court to declare that prosecuting the case by the ACC on their own was not keeping in view the OAG’s mandate in the Constitution. Section 128 of ACC Act empowers them to prosecute cases on their own.
While the Article 27 (5) of the Constitution states that the prosecution of individuals, parties or organisations, based on the Commission’s findings would be OAG’s responsibility for adjudication by the courts.
It was also known that the ACC could carry out its own prosecution only if the person is charged with an offence under the ACC Act which came into effect on July 5, 2011 which means the ACC Act would apply only from 2011.
Anti-Corruption Commission refused to comment on the issue and BBS is still trying to get in touch with the Office of Attorney General.
