Bill seeking changes to anti-graft law placed at JS to ensure double protection for govt officials
A bill was placed in parliament yesterday for introducing a provision in the ACC Act for prior government permission to file corruption cases against government officials and start trial.
The government came up with the bill for bringing amendments to the Anti-Corruption Commission Act, 2004 amid criticism of its move to clip ACC’s wings.
The move runs counter to the ruling party’s electoral pledge to take effective measures to fight corruption.
The bill proposed introducing provisions of prior government permission to file cases against government officials and begin trial of the cases under section 197 of the Code of Criminal Procedure 1898.
With the inclusion of this provision in the ACC law, no court shall take cognisance of an offence without prior government sanction to hold trial of a judge, or a magistrate or any public servant in corruption cases.
Prosecutors will have to submit proof of government permission to the court before it begins trial of a judge or a magistrate or any public servant.
Section 197 allows the government to determine the manner, the offence or offences or the person by whom the prosecution of such a judge, magistrate or public servant is to be conducted, and also the court that is to hold the trial.
“ACC’s independence will be curtailed greatly if the proposed amendments are brought to the law,” eminent jurist Shadeen Malik told The Daily Star yesterday.
He said the proposed provision of prior government permission to file cases against government officials is discriminatory.
It also goes against the constitutional provision that says all citizens are equal before the law and are entitled to equal protection by it, Malik said.
ACC Chairman Ghulam Rahman had earlier hoped that some positive changes would be made to the proposals considering the public opinion and international anti-corruption laws.
Agriculture Minister Matia Chowdhury, who is in charge of the cabinet division in the parliamentary business, placed the bill.
It was sent to the parliamentary standing committee on the law, justice and parliamentary affairs ministry for scrutiny. The ministry will have to submit report to the House in two weeks.
In a statement attached to the bill, Matia said the amendments to the law would be brought to make the ACC effective and ensure its transparency.
The bill proposed that no court will take cognisance of an offence to hold trial under the ACC law without prior permission of the anti-graft body.
The amendment proposes jail term of two to five years or fine or both if any individual, even an ACC official, brings a false allegation or influences the court by giving false information. It also suggests taking departmental action in addition to jail term.
The bill proposed fixing timeframe for completion of probe. An investigation officer will have to complete probe in 120 days. On failure to complete the task within the deadline, he might get another 60 days to finish the job.
Moreover, no ACC official would be allowed to investigate the corruption allegation against their colleagues. Instead, another government official or the police will do the job.
The bill also proposed that offences under this law will be non-bailable, non-compoundable and cognisable.
It suggested keeping secret the identities and protecting the whistle blowers, who give information on corruption.
Courtesy of The Daily Star
