Dr. Md. Shamsul Arefin :
Corruption has been a part of human societies since the oldest of times. Many centuries ago, Kautilya’s writing identified forty types of embezzlement committed by public servants. In various ancient civilizations bribery was a serious problem among the Jews, the Chinese, the Japanese, the Greeks and the Romans etc.
The formal institutional framework to fight corruption was initiated thorough a long evolution of system in Bangladesh. In the year of 1944, when the country was severely affected by famine, the Government of Bangal took a program of relief and ration distribution through the Food Department of the government. The corrupt practices were detected in the Food Department in the year of 1944. But during that time, no offices were meant for dealing corruption. To fight corruption officially the Enforcement Branch was formed in the Police Department in 1947 under the Prevention of Corruption Act -1947.
As there was no investigating agency other than the police, certain offences were declared as offences of corruption and those were investigated by the Police Department until the establishment of the Bureau of Anti-Corruption in 1957 by an act of the same year.
As the Police Department was overburdened with other criminal cases, Government felt the need to establish a separate agency to fight corruption. For that purpose, the Bureau of Anti-Corruption was established. After a long time, in the year of 2004, with the movement of political parties, media, civil society and development partners, the present independent Anti-Corruption Commission was established. Although initially, it could not make the desired impact, but immediately following its reconstitution in February 2007, the ACC began working with renewed dynamism.
Main functions of the ACC are divided into two broad areas. One is enforcement of law for prosecution of corrupt practices and another is prevention of corruption through awakening people about the consequences of corruption and engaged awakened people against corruption. Corruption is operationally defined as the misuse of entrusted power for private gain- Transparency International. But there is no clear definition of corruption in the ACC act 2004. But there is a schedule attached with the act and the offences mentioned in the schedule are defined as offences of corruption to be dealt with the ACC only.
Every year a large number of allegations ACC received, but a very few number of allegations are considered for taking cognizance because of most of them are not viewed as scheduled mentioned offences. For an example, number of complaints received in 2014 are 8709 out of which 632 complaints are found valid for actions.
This happens, most probably, scheduled mentioned offices are not clearly known to the complainants. Thus the schedule mentioned offences are given here in a nutshell for a clear understanding of the readers.
Taking bribe by government officials/ employees/ elected or nominated public representatives while discharging their duties;
Accumulating wealth illegally by any government officials/ employees/ elected or nominated public representatives or even by any other person by his or her own or anonymously;
Embezzling or damaging public money/ assets;
Conducting business/ commerce by government officials/ employees without permission from the proper authority;
Trying to save any convicted criminal intentionally from punishment by government officials/ employees;
Money laundering (illegal financial transaction, transformation, hiding and helping to do such work) related to corruption and bribery ;
Allegation of embezzlement of money/ assets by the employees in private -public sector; and Fraud, forgery and deception etc by a Public servant.
In addition to that, under section 26 and 27 of the act, if the Commission is satisfied on the basis of its own information and after necessary investigation that any person is in possession or has obtained ownership of property not consistent with his legal sources of income or is in possession through dishonest means and the property is not consistent with the known sources of his/her income, then the ACC can ask that person to submit a statement of assets and liabilities before the Commission.
Offences under sections 161-169, 217, 218, 409, 477A and sections 109, 120(B) and 511 of the Penal Code, 1860 (Act XLV of 1860) relating to gratifications, bribery, showing favor or disfavor in delivering public services, creating conflict of interest, knowingly disobeys any direction of the law, preparing public documents incorrectly, engaging in trade, purchasing or biding for certain property are considered as offices of corruption and are under the purview of the ACC Act, 2004.
Anyone can submit his complaint directly addressed to the Chairman/ Commissioner, Anti-Corruption Commission, Head Office, 01 Segun Bagicha, Dhaka, respective Divisional Directors of Dhaka/ Chittagong/ Rajshahi/ Khulna/ Barisal/ Sylhet or Deputy Directors of Integrated District Office, Dhaka-1/ Dhaka-2/ Tangail/ Faridpur/ Mymensingh/ Chittagong-1/Chittagong-2/ Rangamati/ Comilla/ Noakhali/ Rajshahi/ Bogra/ Pabna/ Rangpur/ Dinajpur/ Khulna/ Kushtia/ Jessore/ Barisal/ Patuakhali/ Sylhet/ Habiganj. In addition to that there is a hotline 106 dedicated for intimating offences of corrupt practices.
Under the section 17 clause (g) of the Anti-Corruption Commission Act, 2004, the Commission has been engaging citizens for prevention of corruption through its 493 constituted District Corruption Prevention Committees and the Upazila Corruption Prevention Committees throughout the country. Again in the educational institutions, it has established 20,885 Integrity Units among the students for promoting the values of honesty and integrity in order to prevent corruption.
(Dr. Md. Shamsul Arefin is Director General (Additional Secretary), Anti Corruption Commission Bangladesh).
