Last minute change dents anti-graft body's independent face

The independent anti-corruption commission will still need permission from the government to prosecute any state official because of a last-minute change in the bill to be passed in parliament today.

A top official of the Bureau of Anti-corruption (BAC) told The Daily Star on condition of anonymity that this provision will dent independence of the new body.

"Currently, we have to follow the same provision seeking permission from the government before prosecuting an official," he elaborated. "Now, if the same thing continues, then what's the use of having another organisation?"

The bill is also under fire because it did not say anything about probing defence corruption. An existing rule says only the defence forces can do this.

The bill has a provision that says the Criminal Law Amendment Act 1958 will be applicable to prosecuting the accused in graft.

Section VI (V) of the law says a when an investigation officer submit a charge sheet against a state official, it must carry a government permission letter. Without this, a judge will not accept the charge sheet.

The new anti-graft body will need permission from the Prime Minister's Office (PMO) to take action against government officials because of this rule.

Professor Muzaffer Ahmad, trustee of the Transparency International, Bangladesh, a corruption watchdog, speaking on personal capacity, said: "The rule would undermine independence of the commission. It shows we are actually back to the square one. This would also delay prosecution and make the anti-graft body dysfunctional."

When the bill was placed in parliament on July 10 last year, this provision was absent. But the Parliamentary Standing Committee on Ministry of Law included the rule last week.

For this last moment inclusion, the civil society also did not have a chance to discuss the provision.

The setting-up of an independent anti-corruption commission was an election pledge of the coalition. The donors including the World Bank also pressed the government to put in place such a body.