Free anti-graft body bill passed
after change Govt approval
not needed to prosecute public servants Staff Correspondent
The
Jatiya Sangsad last night passed the much-talked-about
Anti-corruption Commission Bill, 2004, in an amended
form, making way for institution of an independent body
to fight graft.
A last-minute amendment to the bill took the
yet-to-be-formed independent anti-corruption commission
out of government control unlike its predecessor the
Bureau of Anti-corruption (Bac).
Now, the commission would not require government
approval beforehand to launch a probe and prosecute a
public servant for graft charges.
The House passed the bill, introduced on July 10 last
year, amid a continuous parliament boycott by the main
opposition Awami League and the second largest
opposition, Jatiya Party (Ershad). The lone opposition
lawmaker present at the time -- Kader Siddiqui of
Bangladesh Krishak Sramik Janata League -- walked out in
protest at the rejection of his amendment proposals on
the bill.
"After getting home, I'll ponder on whether to rejoin
the House," said Kader after staging the walkout at
8:45pm, barely half an hour before the passage.
The House rejected several other amendments brought
by Kader and independent lawmaker MM Shahin. It also
turned down by voice vote Kader's proposal for sending
the bill to the search committee and eliciting public
opinions on it.
Bac will cease to exist with the formation of the
anti-graft commission, which also takes over the charge
of investigations pending with the former.
The Anti-Corruption Act, 1957 will also be abolished.
The BNP-led coalition government fulfilled one of its
election pledges by passing the bill at a time when
Bangladesh has been rated as the most corrupt country in
the world for the third consecutive year by London-based
Transparency International, a global corruption
watchdog.
Although the bill, piloted by Law, Justice and
Parliamentary Affairs Minister Moudud Ahmed, went
through several layers of scrutiny and the relevant
parliamentary standing committee made many changes to
it, it had the provision of obtaining approval from the
government, prompting the civil society, media and
development partners to doubt the commission's
independence.
Chairman of the parliamentary standing body and BNP
lawmaker Khandaker Mahbub Uddin Ahmad, who submitted the
crucial amendment proposal in the last hours, suggested
ceasing the application of sub-sections 5 and 6 of
Section 6 of the Criminal Law Amendment Act, 1958.
He argued an independent anti-graft body should not
require government nod to probe graft charges against a
state official and should have its own unit to prosecute
instead of taking recourse to public prosecutors.
Under the framework of the law, the proposed
commission will have three commissioners, who would be
picked for a four-year term by the president from a
six-member panel chosen by the search committee.
The five-member search committee will have a judge of
the Appellate Division of the Supreme Court as its
chairman and a judge of the High Court Division, the
chairman of the Public Service Commission, the
comptroller and auditor general and the last retired
cabinet secretary as its members.
Initially, the bill had kept the provision of a
six-member search committee with the finance and law
ministers on it. Later, the provision was dropped.
The commission, which will enjoy financial autonomy
like the Supreme Court and the Jatiya Sangsad, will
assign its officials to probe allegations of corruption.
Its commissioners will also have the authority to
investigate any alleged corruption. Cases under the law
would be tackled in special judge's courts.
The investigation officers of the commission will
enjoy the authority of an officer-in-charge of a police
station while investigating cases.
The bill said people with 20 years of experience in
law, education, administration, judiciary or armed
forces would be eligible for the posts of commissioner.
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