The HC Division bench comprising Justice MA Matin and Justice AFM Abdur Rahman also issued a rule on the government to reply in three weeks why Reza's appointment of December 22 will not be declared illegal.

On December 27, the vacation bench of Justice ABM Khairul Haque stayed Reza's appointment until return of the regular bench of the HC from winter vacation yesterday, following a writ petition filed by Supreme Court advocate Bashir Uddin Zindigir the same day.

Appearing for the petitioner yesterday, Barrister Rafiqul Islam Miah said the government violated the independence of the commission by appointing a secretary on its own.

"According to the ACC Act, it is the commission that has the power to appoint its secretary. The government appointment is an interference," he said.

Additional Attorney General Fida M Kamal appeared for the state.

After his appointment on December 22, Reza submitted his joining letter but the ACC did not accept it.

ACC Director General Maj Gen (Retd) MA Matin, who served as Director General of now defunct bureau of anti-corruption, is serving as acting secretary to the commission.