The Parliamentary Standing Committee on Public Undertakings yesterday accused the immediate past chief of Anti-Corruption Commission (ACC), its incumbent acting chief, the other incumbent commissioner, and one of its former secretaries of contempt of the parliament.

The parliamentary committee also questioned the legality of some of ACC's moves under the regime of the immediate past caretaker government over almost the last two years.

Despite being summoned by the parliamentary committee to be present at a committee meeting yesterday, former ACC chief Hasan Mashhud Chowdhury, incumbent Acting ACC Chairman M Habibur Rahman, incumbent Commissioner Abul Hasan Manzur Mannan, and former ACC secretary Delwar Hossain who is now the land secretary were absent from the meeting.

Their absence prompted the parliamentary committee in yesterday's meeting in Jatiya Sangsad Bhaban, to charge them with the offence of denying the committee access to relevant documents and information for examining the functions and activities of the anti-graft commission.

The committee also decided to hold a joint meeting with the Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs Ministry on June 2 to take necessary legal actions against the alleged 'offenders', members of the public undertakings committee disclosed after the meeting.

The committee, mandated to scrutinise the functions of public undertakings, also ordered the alleged 'offenders' to clarify the legality of their absence from yesterday's meeting, seven days prior to the joint meeting of the two standing committees.

The alleged 'offenders' might face charges of contempt of the parliament if they fail to come up with satisfactory explanations.

The committee had asked the two incumbent commissioners of ACC to appear before it and to send necessary documents including the commission's latest annual report, audit report, and reports on its activities, and on problems it faces in discharging its duties.

But the ACC top bosses refrained from attending the meeting and also did not send any document, saying the summoning was beyond the jurisdiction of the committee and that they are only accountable to the country's president.

Mashhud and Delwar were summoned as witnesses of the ACC's previous activities, but they also refrained from complying with the summons.

All summoned persons however in written letters to the committee expressed their inability to appear before the committee.

"They will have to come up with satisfactory explanations for not appearing before the committee. We will be bound to take appropriate actions against them on their failure to do so," Mohiuddin Khan Alamgir, chief of the parliamentary committee, told reporters after yesterday's meeting.

Members of the committee said the 'offenders' might be jailed or fined for contempt of the parliament, and also for violation of the constitution.

"We decided to give them a chance before taking any harsh decision. We are assuming that they refused to attend the meeting due to their ignorance of the practice and procedures of the parliament," Alamgir said.

The committee chief said they already talked to the chief of the Parliamentary Committee on Law, Justice and Parliamentary Affairs, and all out efforts will be made for resolving the issue.

The next meeting of the committee on the issue will be held at a time when the parliament is likely to be in session. The committee might raise the issue in the parliament, if necessary, for taking actions against the 'offenders', for 'undermining the sovereignty of the House', members of the committee said.

"We want to take such a decision, so none dares to undermine the dignity of the parliament in the future," Mainuddin Khan Badal, a member of the committee, said.

The comptroller, auditor general, cabinet secretary, and the chairman of the National Board of Revenue (NBR) attended the meeting on invitation, and the meeting discussed the formation and activities of the ACC over almost last two years under the immediate past caretaker government.

The parliamentary committee blasted former ACC secretary Delwar, for his refusal to attend the meeting as a witness of the anti-graft commission's activities.

Delwar in a letter to the chairman of the committee described the summon as 'tantamount to interfering with the independence of the ACC' and said the committee's move will jeopardise the neutrality of the commission and harm public interest, sources in the committee said.

He also made statements to the media questioning the jurisdiction of the parliamentary committee to examine the functions and activities of the ACC.

Reviewing the letter and the statement, the committee ordered the cabinet secretary to explain under what authority the former ACC secretary 'ignored the public servant rules' and made statements refusing to attend yesterday's meeting.

"He undermined the parliament and the law," Alamgir said, adding that the committee also ordered the cabinet secretary to report on with what legal authority the former ACC secretary carried out some 'repressive' activities for weeks just before the reconstitution of ACC in 2007.

"As per the law, only the ACC can take the decision to initiate any step. But the former ACC secretary initiated some repressive steps in absence of the commission," Alamgir said.

The immediate past ACC chief, Mashhud, in a letter to the parliamentary committee chief, said he was expressing his inability to attend the meeting since 'the invitation was not lawful'. "But my inability is not an expression of contempt of the parliament," he added.

The committee also questioned the legality of giving the ACC chief the status of a minister and giving other commissioners the status of judges of the High Court Division during the immediate past caretaker government when there was no minister at all but only advisers to the caretaker government.

"The advisers to the caretaker government enjoy the status of ministers. We asked the cabinet division to inform the committee, whether persons who enjoy the status of ministers can also bestow the same status on others," the committee chief said.

Replying to a query, Alamgir said the committee also ordered the cabinet secretary to examine and report on whether due legal procedures were maintained by the caretaker government in appointing the immediate past ACC chief and the two other commissioners.

It ordered the comptroller and the auditor general to thoroughly audit the ACC's expenditures including payments to lawyers in almost the last two years and to inform the committee about it before its next meeting on the issue.

Discussing incidents of freezing bank accounts of some individuals during the caretaker government, the committee asked the NBR chairman to come up with a report clarifying the legality of giving out tax related information of selected persons to the ACC.

"The NBR cannot disclose tax related information of any individual without orders from courts. As far as we know, there was no court order asking the NBR to do that," Alamgir said.

The committee also sought opinion of the NBR on incidents of depositing to the government exchequer alleged corruption money of different individuals amounting to Tk 1,200 crore, during the caretaker government's regime.

The committee chief described the collection of money as 'robbery'.

In response to a query, he said they might also scrutinise the functions of the National Coordination Committee (NCC) for Curbing Serious Crimes and Corruption, if necessary.

The committee chief said erstwhile NCC chief MA Matin, who was also an adviser to the caretaker government, himself said there was no legal cover for NCC. "If it is so, what was the legality of the NCC's activities?" Alamgir questioned aloud.

Asked whether the parliamentary committee's move was sparked by personal grievances, as Mohiuddin Khan Alamgir was convicted during the caretaker regime in a case filed by the ACC, a committee member Mainuddin Khan Badal said the committee is not run by the chairman's unilateral decisions.

"The committee has unanimously decided to examine the functions and activities of the ACC," he said.