The cabinet committee formed to review the anti-graft laws has finally proposed immunity only for government officials, making it obligatory for the Anti-Corruption Commission to take permission before filing cases against them.
The committee proposed to include the provision of lodging complaints to the ACC chairman in case policymakers, lawmakers and local body representatives feel aggrieved over ACC proceedings, whereas the commission would have to take permission before initiating cases against government officials.
Ignoring ACC reservations on some points of amendment proposals, the committee has finalised its amendments curbing the commission’s mandate to act unilaterally.
The cabinet committee, formed in March last year to review the Anti-Corruption Commission Act,2004 and recommend changes necessary to make the anti-graft body more effective and pro-people, finalised the report based on opinions given by other government institutions.
The committee is likely to place its report before the cabinet on March 15.
The report did not include the observations ACC made earlier on February 10 regarding its reservations on six out of 23 points, which the commission said would diminish its independence.
“We requested the cabinet committee to place its report along with our observations so that the cabinet has the chance of considering all the opinions and views before taking a decision whether the anti-corruption commission would remain effective or become non-functional,” ACC Chairman Ghulam Rahman told The Daily Star.
“If our recommendations are not accepted, it would be impossible for the commission to act impartially and independently,” he added.
The committee in its proposal said the graft busters should be obliged to take permission from the government to begin proceedings in certain circumstances and against public officials, whose offences are believed to have been “committed in good faith.”
The committee also said it thinks the provision gives protection to the government officials and reduces ACC’s power abuse simultaneously.
Earlier, ACC opined that the amendment would make the Act discriminatory. It would encourage high-officials in the said offices to get involved in rampant corruption.
Currently, the Act allows ACC to initiate probe and file cases if the offence is included in its schedule.
Another finalised proposal is specifying in the law that the commission must be accountable to the president regarding their activities to increase its accountability.
The committee explained quoting the home ministry’s opinion that submitting annual reports to the president does not ensure its accountability. The report also mentioned that all government parties involved in the process reached a consensus on the topic except for ACC without detailing ACC’s reason given earlier.
Earlier, ACC observed that this amendment would make the anti-graft watchdog controlled by the executive branch of the government as, in accordance with the Constitution, the president cannot take any decision without having advice from the prime minister, except for appointing the chief justice and the prime minister.
Insiders say the commission would lose independence if the amendment proposals were passed. Currently, the commission only has to submit its annual report to the president.
The ACC Act has sufficient provision to ensure its accountability as formulation of organogram, rules of the body and its budget are controlled by the government, the insiders elaborate.
The other finalised proposals include authorising the government with the responsibility of appointing a secretary for the commission and assigning the ACC secretary with the responsibilities of the commission’s principal accountant.
In this regard, the anti-graft body had earlier said this change would affect good-governance of the commission as it would shoulder some responsibilities on the ACC secretary, whereas the commission chairman is the chief executive of all its functioning.
The committee also proposed not to make ACC laws supreme on other laws as proposed by the commission for the sake of uninterrupted investigation.
The committee also proposed that ACC should not have the authority to initiate any investigation on its own.
The committee, however, proposed defining the status of ACC as self-governed.
The committee also proposed to make all the ACC cases cognisable and non-bailable.
The proposals include enabling the commission to engage any agency in its investigation, if it wishes, and take support from experts of other agencies, if necessary.
Presently, only the commission alone can investigate its cases.
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