Reconstituting the ACC

A reconstitution of the ACC, as elucidated by the PM, to ensure its effectiveness through transparency and accountability will be welcomed by all circles. However, if the idea is even remotely driven by some convicted lawmakers and former ministers' egoism, her much publicised crusade against corruption will become suspect as being the same tired platitude.
Much to her advantage, the crusade against corruption was already on-going before Hasina became the prime minister -- and now she only needs to strengthen the process, hence a reconstitution of the ACC may be an exigency.
After his courtesy meeting with the PM on January 21, Chairman Hasan Mashud Chowdhury (HMC), with a glowing face and a gleam of confidence, told reporters that the fight against corruption would continue unabated. He said that once political will was in place, all other prerequisites for eradicating corruption would automatically follow.
In his interview with The Daily Star's Emran Hossain, published on November 23, 2007, HMC emphasised that the effectiveness of ACC's anti-corruption drives would depend on its operational independence from political influence, the government's will to amend and enact rules, and budget allocations.
Since his meeting with the PM, things may have soured a bit -- at least to outside observers. On February 4, in her Q & A session, the PM was heavy on ACC's past activities. She told the parliament that the ACC should be "reconstituted" to ensure its accountability, and suggested that its past anti-graft drives were steered to shackle politicians. She observed that the Commission itself was accused of being involved in corrupt practices during the caretaker government (CTG) rule.
Echoing lawmakers' sentiment, Hasina said: "Its objectives were questioned when it started working to suppress politics and politicians instead of curbing corruption."
The ACC chairman was swift to spurn the PM's comment the next day in response to reporter's queries during a press briefing and said: "The ACC has conducted its drive on specific information and evidence. The remark that the Commission was used to shackle politicians isn't right."
"I will never agree to the statement that the commission has carried out its activities after being politically motivated. There is no reason to think that there was any political motivation in pursuing the fight against corruption," he said while responding to another query.
Although, the PM was critical about the ACC's past anti-corruption drives, particularly those against politicians, she admitted that the drives showed the people that none could escape punishment for corrupt practices. The PM herself was detained for 11 months on graft charges brought by the ACC.
When the law minister asserted that the two years of CTG rule was a "doctrine of necessity"-- he spoke the minds of all pragmatists. Had Hasina inherited the all- encompassing malice and mischief created by BNP's five years of ill governance, she could hardly see a peaceful transfer of power, let alone plan for a digital Bangladesh and all other development prospects. Hasina certainly realises that her accession to power was a seamless continuation of the last CTG.
Many ill wishers of HMC would like to see him gone and the ACC to be led by someone with his mouth shut, ears plugged, and eyes closed. Is that what we really want?
Making the ACC more effective and forceful may require a reconstitution and reformation of the modus operandi of the institution, and the PM is actively reviewing ACC's recommendations to that effect. I firmly believe it will be done, with HMC as ACC's chairman, but with more legal authority.
Hasina seems to have overwhelming countrywide support for reconstituting the ACC. The people want to see the Commission functioning free from political influence.
It's true that ACC's image has been tarnished to a large extent because of lack of transparency and failure to prove allegations against many politicians and businessmen. The CTG's crime task force was mostly responsible for the rush to arrest people on charges of corruption -- not the ACC.
However, the failure to convict many criminals is attributable to the Truth and Accountability Commission's swift, kangaroo court type slapdash disposal of cases and the High Court's open-door bail giving discretion. In many instances, ACC was hamstrung by procedural and legal imbroglios.
HMC claimed that since February 2007, more than 1,100 cases were filed by the ACC, but only 10% of them have so far been decided. He wished for better mechanism for speedy disposal of cases, at least in the trial courts.
Don't forget that the last two years' relentless anti-corruption drive was the first of its kind in the country's 38 years history. Because of the enormity of corruption, and in the rush to deal with a multitude of multifarious case loads, some mistakes and excesses could have easily sneaked into drive. But the net outcome is positive and the anti-corruption drive is on the right track.
I wonder how many HMC's there are in the country who would be so fiercely and fearlessly non-partisan, and passionately committed to take the anti-corruption drive as a patriotic mission. HMC's experience and leadership are irreplaceable. Hence, any reconstitution of the ACC minus HMC as its chairman will be cheered by those already incarcerated, others under trial, released on bail or running from the law, and yet others waiting to be charged.

Dr. Abdullah A. Dewan is Professor of Economics at Eastern Michigan University.