While talking to the DS on the issue the previous day, Justice Sultan Hossain Khan, the chairman of the Commission, said that the ACC could not start any such investigation since it has not received any complaint against them.

This observation of the ACC chairman has come as a surprise to many knowledgeable people for certain reasons.

First, Section 17(C) of the Anti-Corruption Commission Act (Act NO. 5 of 2004) has authorized the commission to institute suo moto investigations against corruption. It says that the ACC can institute suo moto inquiry against corruption, or on the basis of application from the aggrieved persons.

The chairman of the commission, Justice Sultan Hossain Khan, is on record as expressing his determination to initiate action against corrupt persons, whoever they might be.

For instance, while addressing a discussion meeting on the "Role of Lawyers to Resist Corruption," on July 31 , 2006, at the Supreme Court hall room, the ACC chairman said that the people who whitened black money would not be spared. The Commission would also look into corruption of the high-ups.

Again, while talking to UNB on October 31, the ACC chairman, in reply to a question as to why the Commission did not take action based on newspaper reports against corrupt ministers, lawmakers and leaders of the immediate past BNP-led alliance government, said that the Commission might take action if there was evidence in newspaper reports on corruption.

Second, besides newspaper reports on corruption, Transparency International Bangladesh (TIB) is known to have published so far eight reports on corruption in different sectors since 2000.

For instance, corruption database 2005 prepared by the TIB shows that the government suffered a loss of Tk 526.27 crore in 2,128 corruption incidents. It reveals that due to corruption in the local government and rural development sector alone, Tk 208.9 crore went down the drain.

Among the 47 sectors that came under the TIB's scrutiny, education, police, health and family planning, local government and rural development and private sector were the top five corrupt sectors, while the secondary education department has the highest incidence of bribery.

How many inquiries did the ACC initiate against ministers (a minister, according to the Rules of Business-1996, is all powerful in his ministry, and all business allocated to a ministry/ division shall be disposed of by, or under the general or special directions of, the minister-in-charge), secretaries, departmental heads and officials concerned on the basis of TIB's corruption report- 2005?

Third, absence of rules to be made under the Act is sometimes cited as a bottleneck in instituting inquiry and investigation. While the need for rules, which are reportedly awaiting government approval, is not ruled out, it does not prevent the Commission from initiating suo moto inquiry against reported (media-report or otherwise) corrupt activities of the concerned ministers, lawmakers and leaders of the BNP-led alliance government.

It is mentionable that rules are framed for the elaboration of the provisions of an Act creating a statutory public body. In the absence of rules, the Commission is known to have already filed a number of corruption cases where the ministers, lawmakers and leaders of the immediate past alliance government were reportedly not involved.

In fact, the neutrality of the Commission itself is not beyond question. Although parliament passed the bill for establishment of an independent ACC on February 17, 2004, the Commission became functional after about ten months, in November 2004, with the appointment of its chairman and two commissioners.

The then main opposition AL, and some others, raised objection to the appointment of the chairman and two commissioners for their alleged involvement in the past with the then BNP-led ruling coalition.

The chairman and one of the commissioners denied their involvement with the then ruling coalition. Besides, the chairman vowed to launch a "jihad" against corruption. Unfortunately, that has not happened.

Even after the establishment of the ACC, the Transparency International ranked Bangladesh as the most corrupt country for the fifth consecutive year in 2005. In 2006, Bangladesh was placed in the third position in the list of the most corrupt countries.

It is a fact that the BNP-led alliance government established the ACC. But, it is also equally true that the government did not want the Commission to be effective.

The government created several obstacles, by tussling over the appointment of the secretary to the commission, by declaring the defunct Bureau of Anti-Corruption staff as government reserve employees and asking them not to work for the commission until rules were framed, in spite of the then attorney-general's opinion that they could continue in service until withdrawn by the government, by approving a skeleton staff for the Commission against the proposal of the Commission, and by delaying approval of the rules.

The people pinned their hopes on the ACC to act as a watchdog against corruption, particularly by the top brass in politics, bureaucracy and big businessmen. But their hope has not as yet materialized. The time has now come for the Commission to rise to the occasion to materialize the people's expectations and demands.

M. Abdul Latif Mondal is former Secretary to the Government.