ACC submits comments opposing Act amendment

The Anti Corruption Commission (ACC) yesterday forwarded its comments to the government strongly opposing the proposal to bring amendment to the Anti-Corruption Commission Act, 2004.
The commission said that if the cabinet division’s recommendations were approved, the Commission’s authority and status as an independent agency  would be erored.
Ghulam Rahman, chairman of the ACC said yesterday, “We have already submitted a set of comments on the recommendations of the cabinet division seeking to amend the Anti-Corruption Commission Act-2004, to the cabinet division.”
The Commission strongly opposed the recommendations for reintroduction of the provision for obtaining prior government approval for taking up graft cases against government officials. It also opposed the suggestion for making the Commission’s secretary the executive chief of its accounts. 
On October 10 last year, the cabinet division committee made a total of 19 recommendations to bring amendment to the Anti-Corruption Commission Act, 2004. The government later sent the recommendations to the Commission seeking its opinion.   
The Commission formed a high powered committee of its own led by its secretary to give its opinion on the recommendations of the cabinet division. The other members of the committee are Brig Gen Javed Ali, Col Hanif Iqbal, Shahjahan Mia and Jahangir Alam- all officials of the Commission.
After examining the laws on the Commission, the committee prepared a set of comments on the proposals of the cabinet division, Commission sources said.
The ACC opined that it would face serious problems in conducting its anti-graft activities, if the act was amended in line with the recommendations of the cabinet division. The Commission would  also face constitutional questions and legal complexities if the proposals were accepted.
The Commission also opposed the cabinet division recommendation to make the secretary of the ACC the executive chief of the commission accounts, and argued that the commissioners of the ACC would appoint its secretary in accordance with its law.
As per section 12 of the Anti-Corruption Commission Act, 2004,  the chairman of the ACC is the executive chief of its accounts and is responsible for it, the recommendations said. The appointment of ACC secretary as executive chief of its accounts will be violation of its act, it said.
Regarding the recommendation for not making the commission autonomous, the commission said that it was necessary to keep the word autonomous in line with the Anti-Corruption Commission Ordinance, 2008. 
The ACC will become part of the executive branch of the government and its activities will slow down if the recommendations are accepted, the Commission maintains. The Commission may face the fate of the now defunct Bureau of Anti-Corruption, it said. 
The opposing the recommendations, the Commission chairman Ghulam Rahman said instead of taking measures to undermine the authority of the Commission, efforts should be made to improve the level of integrity and dynamism in the administration.
“I am very much optimistic that the present government will not approve the proposal, as Prime Minister Sheikh Hasina has been using strong words against corruption and pledged on many occasions not to allow corruption in her government,” he said. 

Courtesy of The Independent