Anti-Corruption Commission Chairman M Bodiuzzaman says the new ACC law making the commission to seek the government’s permission to file cases against public servants is in conflict with the constitution and the ACC law itself while curbing the commission’s freedom.
He fears that this will encourage government officials to indulge in corruption and render the ACC to the state of the erstwhile Bureau of Anti-Corruption (Bac).
Article 27 of the constitution says all citizens are equal in the eyes of law while section 24 of the ACC act says all three commissioners of the agency will be independent and can approve charge sheets in cases filed by the commission.
On Sunday, parliament passed an amendment to the Anti-Corruption Commission Act 2004, curtailing the commission’s authority on filing cases against public servants, judges and magistrates.
Talking to journalists at the ACC headquarters on Monday, Bodiuzzaman claimed that he had not been aware of the provision before the amendment bill was passed.
“If we want to file a case against 10 officials, including a government one, and the government does not give us the permission to file the case against that official, then the case will not see the light at all because of the new law,” he said, meaning that they would have to spare the other nine, too.
The ACC chairman also expressed confusion as to “who” the government was because the law did not clarify it.
Bodiuzzaman pointed out that at Bac the Prime Minister’s Office was considered as the “government.”
He alleged that the recommendations made by the parliamentary standing committee concerned and the commission had not been considered while making the law.
A number of ACC officials also expressed similar dissatisfaction, saying the commission would return to the state of Bac because of the law.
“A lot of corruption takes place at government offices. If we need to take the government’s permission for taking actions against government officials, our efforts to find the graft charges against them will go in vain,” an official said.
A deputy director at the commission said, on condition of anonymity, that there would be no need for the organisational committees now working to find corruption in 11 sectors, including the Dhaka City Corporation, Local Government Engineering Department, Rajdhani Unnayan Kartripakkha, Bangladesh Road Transport Authority and the Roads and Highways epartment.
Bodiuzzaman, however, appreciated the new provisions making the ACC law superior in dealing with corruption cases no matter what was said in other laws – and making all government organisations bound to provide the commission with information sought.
“Some provisions of the now defunct Bureau of Anti-Corruption have been merged with the new law, such as considering cheating an offence. In addition, if anyone wants to go to the High Court for any issue under the commission, he/she will have to inform the commission first and include it as a side in the court,” he said.
In reply to a question, the ACC chairman said they would think about amending the provision of seeking the government’s permission for filing case against government officials.
