The High Court bench also asked them to explain on which legal grounds Justice Sultan Hossain Khan is holding the position of ACC chairman.

Besides, the bench asked the government and the ACC to explain why an ACC notice served on a school headmaster in Chapainawabganj should not be declared illegal.

The court issued the rule following a writ petition filed last week by Supreme Court lawyer Advocate Saleem Ullah and Chapainawab-ganj-based school headmaster Toriqul Islam. In the petition they challenged sections 7,8, and 16 of the Anti-Corruption Commission Act (ACCA), 2004, appointment of Sultan as ACC chairman, and the ACC notice issued on the schoolteacher.

ACC chairman, two commissioners, cabinet secretary and home secretary are among the eight respondents of the rule, which asks them to reply within eight weeks.

The petitioners said that section 7 of the ACCA violates the constitution as it provides for two judges--one from the High Court division and the other from the Appellate division of the Supreme Court -- to be included in a five-member selection committee to choose ACC commissioners. The petitioners argued that if a judge spends even a minute in any other job he is in breach of the constitution [articles 94 (2), (3) and (4)] as well as the oath he has taken as a judge.

The petitioners said that section 8 requires the commissioners to have 20 years of experience in certain disciplines, but it does not specify educational qualifications or age restrictions -- making it [section 8] vague.

Besides, section 16, which deals with appointment of ACC secretary, does not specify what sort of experience, educational qualifications and age should qualify one for the post of ACC secretary, the petitioners argued.

They also contended that ACC Chairman Justice Sultan served as chief election commissioner (CEC) in 1990. According to the constitution, a person who has held office as CEC shall not be eligible for appointment in the service of the Republic.

Finally, regarding the ACC's notice on the school headmaster asking him to furnish ACC with information the petitioners said the notice becomes illegal when the formation of the ACC itself is questionable.