Staff Reporter :
Loopholes of some sections and sub-sections of the Anti-Corruption Commission (ACC) Act have become a blessing for the corrupt and sufferings for the innocent.
Besides, the non-application of some sections causes delay of carrying out the investigation activities within the stipulated time.
It is reported that many influential persons have been freed from corruption allegations with clean chits through the weak points of the law.
On the other hand, a section of dishonest officials victimise many innocents using points of the law as weapons.
There are 38 sections in the Commission Act. The weakness are stated to be found in the sections No-19 (1), 19 (1) (Gha), 19(3), 22, 33 (1) and others.
The Commission as per its section-19 and 20 and penal code Act’s section 160 has authorization to send notice to any person for his appearance, which is called ‘summoning notice’.
The Section 22 authorises to take statement of anyone. After receiving statement, the commission can make anyone free or victim. Even, after filing case and recommendation of charge sheet, the Commission can free any accused, as empowered by the section.
Taking this power, a section of officials of the Commission allegedly works as per its whims. Meanwhile, ACC Chairman M Badiuzzaman told media that there was no section or sub-section in the ACC Act causing for harassment and blessing for anyone.
He said, it can be attributed that some sections or sub-sections are not applied how they should be.
Terming the shortage of manpower, he said, the Commission avoids some less important sections or sub-sections due to the manpower shortage, adding that all the employees of the Commission remain under tougher accountability.
“We are trying to trace the limitations of the existing Act. We have already decided to cancel a number of complaints from the Commission schedule. The Commission, however, will take time to recover the law related complexities,” the chairman said.
Senior Supreme Court Lawyer Dr Shadin Malik said, in the apparent gaze, it is found that some sections of the ACC are arbitrarily applied.
If any existing section causes for harassment to the innocent public, it should be expelled after scrutiny, he added.
He said that the arbitrary applied of the sections means sheltering the corruption instead of preventing, the lawyer explained.
The parliamentary committee should hold an inquiry into such activity of the ACC, he suggested.
Transparency International Bangladesh (TIB) Executive Director Dr Iftekaruzzaman said that the Commission might have authorization to take statement of anyone for the interests of investigation. But the question is how the authorisation is being applied.
If the influential are released from the allegation and the weak group are victimised, it can be labeled as “misuse” of the law, he said.
As per the section No-19 (1) (ka), the anti-graft watchdog can issue summoning and confirm the appearance of accused and witness. After amending the law, the accused can send written statements to the Commission in lieu of physical appearance. The ACC has authorization to accept or not. But it is reported that the Commission has already accepted written statements of many influential people and rejected the weak ones.
During the inquiry, the investigation officer may record statement of witness or not. The whim as per law has become the reason for the blessing and the harassment.
Some officers of the ACC said that one of the reasons behind the delay of carrying out any investigation job is lack of information and evidence. The Commission asks for documents to the alleged accused within a stipulated time under section No-19 (1) (Gha). But most of the accused, particularly bureaucrats and bankers, do not comply with the Commission.
According to the section 19 (3), if anyone creates obstacle in the work of the Commission, he or she might suffer several punishments, including three years imprisonment in jail. But the Commission hardly apply the law.
Bankers Book Evidence Act-1891 is also an obstruction to collect evidence from the bankers, which authorises them to keep secret any information.
The ACC law was given preference above most of the laws through amending the ACC Act in 2013. But the Bankers Book evidence Act-1891 was not included then.
According to the section 33 (1), the Commission has authorization to form its own prosecution unit but it is yet to be done.
The Commission got the law related service only by fee-depended lawyers. For which it had to count several crore taka last years, the result was defeating in most cases.
On November 20, last year, the ACC Act was amended. Then with the 38 sections, the sections of the penal code No-408, 420, 465, 466 and 467 were added in the Commission Act, which increased the activities of it.
Being added Section 408, hundreds of cases from the police stations flocked in the Commission. The ACC can hardly tackle the huge cases with limited manpower.
