ACC opposes prior permission clause

The Anti-Corruption Commission has termed "unconstitutional" a proposed change to the ACC Act that will make it mandatory for the anti-graft body to take government permission before filing corruption cases against public servants.
"The proposed change runs counter to the article 27 of the constitution on equality before law," ACC said in a letter to the parliamentary standing committee on law ministry last week, sources said.
The parliamentary body has been scrutinising a bill placed in the House proposing some changes to the ACC law.
Article 27 of the constitution, which deals with one of the fundamental rights of citizens, reads: "All citizens are equal before law and are entitled to equal protection of law."
The constitution also prohibits the state from making any law inconsistent with the fundamental rights guaranteed by the country's supreme charter, and says any law so made shall, to the extent of such inconsistency, be void.
Legal experts also said requiring prior government permission for filing corruption cases against government officials is discriminatory, as it offers undue privileges to public servants.
The government placed the bill in parliament on February 28, and this provision in the bill drew widespread criticism.
Different non-government organisations, individuals working for good governance, and various donor agencies and countries also expressed concern over the proposed change.
ACC's letter signed by its chief Ghulam Rahman termed the proposed change inconsistent with the spirit of an independent ACC, and said for this the same proposal had not been accepted during the enactment of the anti-graft body law in 2004.
Finance Minister AMA Muhith, who also sent a letter to the parliamentary standing committee on law ministry, opposed the proposed provision.
He said, "Big fishes will not be caught and only small fry will be punished if the government permission is required before filing corruption cases."
The Daily Star obtained copies of both letters sent by the finance minister and ACC.
The parliamentary body on law ministry last Thursday started scrutinising the bill. Members of the committee also questioned the proposed provision of awarding blanket protection to government officials.
The committee will sit again soon to discuss the proposed changes and prepare its recommendations to be placed in the parliament.
THE PROPOSAL
The government came up with the bill to bring amendments to the ACC Act 2004 introducing the provision of prior government permission for filing cases against government officials, and for beginning trials of the cases.
With the inclusion of this provision no court shall take into cognisance any offence by public servants, including judges and magistrates, without prior government sanction for trying them.
Prosecutors must submit a proof of government permission to a court before it begins trial of a public servant.
The provision allows the government to determine the nature of the offences for which government officials can be prosecuted. It can also determine which court will try them.