| Anti-graft body to be kept under control Cabinet okays proposals for restricting ACC's freedom The Anti-Corruption Commission (ACC) would be obliged to take permission from the government prior to initiating a case against any government officials.  This was approved by the cabinet yesterday amid debates triggered by a set of amendment proposals submitted in March last year by a government-formed committee. The anti-graft watchdog would now also be accountable to the president and would not remain self-governed anymore. The cabinet approved the amendments ignoring the anti-graft body's cautions in the last few months that those would mainly diminish its independence and impartial functioning. The ACC commissioners including its Chairman Ghulam Rahman even met the law minister to request him not to bring the amendments saying those would hamper independent functioning of the commission. "We have given our statement regarding the proposed amendments and their implications. Now it's the responsibility of parliament to make those a law. The Anti-Corruption Commission will function the way parliament wants it to and the framework they set for its functioning," ACC chairman Ghulam Rahman told The Daily Star. The cabinet also approved a five-year jail term and fine for filing a false complaint or case against any individual, and appointment of the ACC secretary by the government. People playing a key role in fighting corruption observe these amendments would make the ACC laws discriminatory and allow the government executive branch to control the anti-graft body. After the cabinet meeting, Prime Minister's Press Secretary Abul Kalam Azad said the premier emphasised having an effective and accountable commission as her government is strongly committed to curbing corruption. "We have to ensure an atmosphere in which the Anti-Corruption Commission can work independently," Azad said quoting the premier as saying during the cabinet meeting. "We have decided in principle that ACC must be accountable to the president since no organisation within the state is above accountability," a senior minister told The Daily Star wishing anonymity. Speaking on the issue, Transparency International Bangladesh executive director Dr Iftekharuzzaman said: "The amendment of taking prior permission indirectly allows government officials to remain out of ACC reach as it would be complex and time-consuming." "This also implies that we are treating someone in a different way when no permission is required in filing a case against a politician or any other person," he added. "It's a clear violation of our Constitution that ensures equal rights of the people." On ACC being accountable to the president, he said it increases the possibility of partisan political influence on the commission. Regarding punishment for a false case or allegation, he observed, "Apparently it may seem good. But it would result in creating deterrence against prosecution of any case of corruption." Dr Iftekhar believes appointing the ACC secretary by the government has no logic at all and it only establishes administrative control over the anti-graft body. The cabinet also approved enabling the commission to engage any agency, department and their officials in its investigation, if it wished. "Following the amendments, ACC can take help of any expert or experienced government officials to probe any allegation," said the premier's press secretary. Earlier, ACC in its opinion submitted to the government-formed committee stated that taking prior permission would make its laws discriminatory and encourage high officials in the said offices to get involved in rampant corruption. Currently, the Anti-Corruption Act allows ACC to initiate probe and file cases if the offences are included in its schedule. Regarding accountability to the president, the commission in its opinion said this amendment would bring the anti-graft body under control of the government's executive branch as the president cannot take any decision without having advice from the prime minister, except for appointing the chief justice and the prime minister. Cabinet Division Additional Secretary Tariqul Islam was the chief of the government-formed committee that prepared the amendment proposals. The Cabinet Division now will send the approved amendments to the law ministry for vetting before those are placed in parliament for passage. |
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