Justice MA Matin and Justice ATM Fazle Kabir passed the order discharging the rule issued earlier upon a writ filed by a lawyer of the Supreme Court challenging the legality of the appointment.

On November 21, 2004, The government appointed the retired judge of the High Court, also former chief election commissioner, as chairman of the newly constituted ACC.

Validating the appointment of Justice Sultan as ACC chairman, the court held that although the Anti-Corruption Commission (ACC) is a public office, but the post of the ACC chairman is 'not a post of service of the Republic'.

Besides, the ACC is a statutory public authority that exercises its power and function independently. As such, the constitutional restrictions imposed by Articles 99 and 118 on a retired High Court judge and former chief election commissioner to be appointed chairman of the ACC is 'not tenable'.

Emerging from the court, the writ petitioner, Advocate Aminul Haque Helal, told the news agency that he would move the Supreme Court against the HC verdict.

Dr Kamal Hossain, Barrister Rokanuddin Mahmud and M Asadullah appeared for the writ petitioner, while two former attorneys general--Mahmudul Islam and AF Hassan Ariff--and Barrister Ajmalul Hossain stood for the ACC chairman.

Additional Attorney-General Barrister Fida M Kamal represented the government.

The government was compelled to enact a law constituting the independent watchdog body to combat pervasive corruption under pressure from foreign donors and country's civil society, abolishing the Bureau of Anti-Corruption.