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Opportune moment for ACC to act

Syed Mahbubur Rashid | Sunday, 23 February 2014


The Anti-Corruption Commission (ACC) has replaced the age-old Bureau of Anti-Corruption by a law passed by parliament in 2004. The Commission started functioning in 2005. It was envisaged to be an independent body whose sole aim was to launch a crusade against corruption.
The ACC came into being against the backdrop of Bangladesh topping the list of the most corrupt countries of the world for consecutive five years from 2001 to 2005. Later on, the status improved to some extent. It is, however, difficult to say that this was due to decline of corruption or because some other smart countries took over Bangladesh.  But the fact remains that corruption has spread to every sphere of the statecraft.
The first chairman and two other commissioners of the ACC were forced to quit office by the army-backed caretaker government after it took over power in January 2007. It was not clear why they had taken this step. What type of corruption cases was handled by the ACC during the army-backed caretaker government, the less said the better. During that period, the Commission was busy in filing some tax evasion cases.
After the Awami League-led Grand Alliance came to power in 2009, the ACC failed to prove its worth adequately notwithstanding the fact that combating corruption was an election pledge of the Awami League. The World Bank's allegation of corruption conspiracy involving the construction of the proposed Padma Bridge was a very high-voltage issue. But the ACC handled it in a very sloppy manner.
 It is needless to mention that good governance in a state can only be ensured if some organisations such as the Election Commission, the Public Service Commission, agencies fighting corruption and neutral bureaucracy function properly. From this point of view, the role of the ACC can hardly be over-emphasised.
It may be mentioned that the ACC was born with a big flaw in its charter. As provided in Section 12 of the ACC Act, Commissioners are to act under the control of the chairman and are also answerable to him for their activities. It is definitely a negation of the independence of the Commission. Because by this, the ACC has been made subservient to the chairman. It is not clear if this flaw was a bona fide mistake or a deliberate one with a view to controlling the Commission through a hand-picked chairman. More disturbing were two amendments to the ACC Act: (a) no government official can be indicted without prior permission of the authority and (b) a person would be punished for giving false evidence. The first amendment has been  declared unconstitutional by the High Court Division of the Supreme Court. The constitutionality of the second amendment has  also been challenged in the court.
Presently, the ACC has been found very active. A number of former ministers have been summoned and grilled about corruption charges.  The Commission is also examining the property and wealth statements of some Members of Parliament (MPs) and bureaucrats. The new government seems to be also very eager to see that the shenanigans are punished. Prime Minister Sheikh Hasina`s voice has always always very loud against corruption. In the very first press conference after taking oath as Prime Minister for the third time, Sheikh Hasina stated that she would show zero-tolerance towards corruption. This comment should be a great source of inspiration for the ACC to act more independently.
People are today exasperated over the corruption issue. The government can improve its image by allowing the ACC to work freely. The ACC is in a very favourable strategic position to work and create a good for itself.
rezaulparvaz@yahoo.com