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ACC says 'no' to parliamentary body's summons
Press has reported that the Anti-Corruption Commission (ACC) has refused to appear before the parliamentary standing committee on public undertakings saying the summons is "beyond jurisdiction of the committee." "The committee has embarked on a motivated enquiry into the last two years' anti-corruption drive activities of the commission," said the ACC in a letter sent to the parliamentary committee yesterday. "Such enquiry by summoning the commissioners in person does not fit in the prevailing legal and administrative norms and protocol," the letter read.Earlier, the parliamentary standing committee sent a letter to the commission on April 7 asking the acting ACC chairman and the commissioner to appear before it on April 12.The committee set four topics -- the commission's latest annual report, latest audit report, its activities and recent problems -- to be discussed with the ACC high-ups. Mohiuddin Khan Alamgir, the chairman of the parliamentary committee, said they were yet to receive the ACC letter. "Where was the question of independence when the commission worked with task forces. The commission is a government body. We have summoned them and they are bound to appear before the committee," he said."If the anti-graft body does not appear before the committee, it will undermine parliament. Necessary steps will be taken if they do so," said Alamgir.He said Hasan Mashhud Chowdhury, who recently stepped down as the ACC chief, has also been asked to attend the meeting as a witness to discuss the last two years' activities of the commission.
The ACC in its letter said, "Breaking of protocol and legal norms of accountability shall undermine the very independence and authority of the commission eroding its efficiency and affectivity to achieve its objective mandated in the anti-corruption laws." "The summons served by the chairman of parliamentary standing committee on public undertakings on the acting Anti-Corruption Commission chairman and commissioner asking them to appear before the committee is beyond their jurisdiction," senior lawyer and counsel for the ACC Anisul Haque told The Daily Star yesterday.The parliamentary committee sent the letter to the ACC a day after commissioner Habibur Rahman was made acting ACC chairman following the resignation of Hasan Mashhud Chowdhury on April 3. The committee also sent copies of the letter to the cabinet secretary, the comptroller and auditor general of Bangladesh and the chairman of national board of revenue. "Numerous recent derogatory uttering and revengeful threatening remarks of the chairman of your committee in and outside the parliament and in the media towards this commission unfortunately make us apprehensive of undue pressure on the commission connecting his conviction for corruption," read the ACC letter."The parliamentary standing committee on public undertakings cannot do so. It is an attempt to embarrass the government and parliament," Anisul Haque said."Summoning the commissioners before your committee for enquiring into the affairs of the commission appears to be wanting in bonafide and not in keeping with legal, administrative and other cannons of good order and rules of procedure," the ACC letter read.Under the ACC act the commission can take all decisions and is also independent in making all expenditures from the allotted budget under section 24 of the act, ACC sources said.As per section 3, 10 (3), and 24 of the ACC Act, the commission enjoys independence, self-governance and neutrality while the commissioners are of the status of Supreme Court judges."The commission is fulfilling its accountability to the president by submitting its yearly report under section 29 of the Act for placing before the parliament and it continuously submits proposals on prevention of corruption to the president in compliance with its duties as contemplated under section 17 of the Act," the letter read.
We feel that Parliamentry Standing Committee can not summon in this manner the members of a constiturional body.This will ruin the independence of the commission.At the most they can seek advice of the Appelate Division of the Supeme court.We do not want a fresh battle in the country because of ego of some people.Cookl head should prevail.
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