Govt to give up power to withdraw graft case
Staff Correspondent
The government will give up its power to withdraw graft cases at any stage and give the authority to the proposed Anti-Corruption Commission.Law Minister Moudud Ahmed told newspersons on Monday that a bill seeking an amendment to the Criminal Law Amendment Act 1958 to that end would be placed before the cabinet soon for approval. The commission will use the Criminal Law Amendment Act to prosecute the accused in graft cases. The government kept the provision for withdrawal of a case -- even at the trial stage -- apparently under wraps when it passed the independent Anti-Corruption Commission bill on February 17. The Daily Star at the time highlighted the provision as contrary to the spirit of the independent commission and reported that Section 10 (4) of the criminal law reads: "No prosecution under this act against any person either generally or in respect of anyone or more of the offences for which he is being tried shall be withdrawn except under the order in writing of the government." Donors and civil society members who repeatedly underscored independence of the Anti-Corruption Commission raised the issue with the government, prompting the law ministry to draft an amendment withdrawing the government's power of non-prosecution. Sources said the move to amend the law came despite reservation of some ruling party stalwarts about empowering the commission to withdraw graft cases. A five-member selection body was formed on May 9 to pick a six-member panel for the president to select three of the six to form the commission. But the selection body did not hold any meeting until now and is unlikely to sit by this month, sources said. Five members of the selection body are Justice MA Aziz (Appellate Division), Justice Nazrul Islam Chowdhury (High Court Division), Comptroller and Auditor General Asif Ali, Public Service Commission Chairman Tahmida Khatun and immediate past cabinet secretary Akbar Ali Khan. Pressed by the donors and the civil society, the government tabled the Anti-Corruption Commission bill in parliament in July last year but came under immediate fire for designing the law in a way that would present a drag on the formation of a truly independent commission. After seven months of discussion and arguments, the bill was passed on February 17 and gazetted on May 9.
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