Last minute change dents anti-graft
body's independent face Zayadul Ahsan
The independent
anti-corruption commission will still need permission
from the government to prosecute any state official
because of a last-minute change in the bill to be passed
in parliament today.
A top official of the Bureau of Anti-corruption (BAC)
told The Daily Star on condition of anonymity that this
provision will dent independence of the new body.
"Currently, we have to follow the same provision
seeking permission from the government before
prosecuting an official," he elaborated. "Now, if the
same thing continues, then what's the use of having
another organisation?"
The bill is also under fire because it did not say
anything about probing defence corruption. An existing
rule says only the defence forces can do this.
The bill has a provision that says the Criminal Law
Amendment Act 1958 will be applicable to prosecuting the
accused in graft.
Section VI (V) of the law says a when an
investigation officer submit a charge sheet against a
state official, it must carry a government permission
letter. Without this, a judge will not accept the charge
sheet.
The new anti-graft body will need permission from the
Prime Minister's Office (PMO) to take action against
government officials because of this rule.
Professor Muzaffer Ahmad, trustee of the Transparency
International, Bangladesh, a corruption watchdog,
speaking on personal capacity, said: "The rule would
undermine independence of the commission. It shows we
are actually back to the square one. This would also
delay prosecution and make the anti-graft body
dysfunctional."
When the bill was placed in parliament on July 10
last year, this provision was absent. But the
Parliamentary Standing Committee on Ministry of Law
included the rule last week.
For this last moment inclusion, the civil society
also did not have a chance to discuss the provision.
The setting-up of an independent anti-corruption
commission was an election pledge of the coalition. The
donors including the World Bank also pressed the
government to put in place such a body.
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