‘ACC guidelines can help prevent systemic graft in government offices’
Iqbal Mahmood took charge of the Anti-Corruption Commission (ACC) five years ago with the goal of curbing graft. During these years, he took several bold steps like bringing reforms in the enquiry and investigation processes, introducing a hotline service and pinpointing loopholes and pockets of corruption within government organisations. Yet he had to face criticism for the long delay in investigating the BASIC Bank loan scam and failing to nab the big fishes. As the ACC chairman nears the end of his term this month, he shares his experience, achievements and expectations with The Daily Star’s Mahbubur Rahman Khan.
How do you view your journey at the ACC?
First of all, the Anti-Corruption Commission (ACC) is a statutory body tasked with combating, preventing and controlling corruption and also promoting the best practices in professional conduct. My responsibility as chairman has been laid out in the Anti-Corruption Commission Act of 2004. It states that my sole duty is to execute the ACC's legal mandate to fight against corruption. This inherently puts the chairman in a precarious position as a just, indiscriminate application of the law will undoubtedly cause some negative opinions. Our goal has always been to let the law take its due course. I can say with utmost confidence that the commission has functioned in accordance with the law during my tenure.
I carried out my responsibilities with absolute impartiality. I am privileged to have had the support of the civil society, the media, politicians, the administration, my fellow colleagues and the public in general during the last five years. And I would like to take this opportunity to express my sincere gratitude to all those who supported the anti-corruption mission of the commission.
Can you recall any particular struggle you've had while bringing major changes in the ACC during your tenure?
After joining ACC, I thought about how we could turn ACC into an institution that people could rely on. It is my firm belief that no institution can achieve its goal without public support. Without an integrated action plan, it is not easy to deal with offences like corruption. Hence, we took the initiative to formulate an action plan for the ACC, and in 2017, the ACC's Five-Year Strategic Action Plan was approved. This plan details multi-dimensional initiatives regarding inquiry, investigation, prosecution, administration, monitoring, evaluation and prevention. Before the approval of this strategic plan, the commission consulted with the media, members of civil society, NGOs, teachers, students, bureaucrats, politicians, development partners, etc.
Including vital members of society in forming our plan resulted in it being an instrument that would enable us to effectively and unwaveringly work for the people of this country. We started our journey with confidence. The public will be pleasantly surprised to know that the ACC has apprehended approximately one thousand perpetrators involved in corruption cases without the use of any firearms during my tenure. Even though ACC officials arrested offenders in the late hours of the night and, sometimes, were attacked by miscreants and suffered injuries, we did not slow down our operations. We have become successful to an extent that the public can rest easy knowing that no one is above the law. The law will apply to all people regardless of their position, and will inevitably take its course.
Some of your bold steps gained popularity and created hope among people. Yet there are issues like BASIC Bank. In the last five years, it has been repeatedly said that investigating officers or IOs have been trying to trace the destination of the money involved with the BASIC Bank scam, while we've seen the IOs being able to trace the money in PK Halder's case so quickly. Why this difference? Is it a failure on the part of ACC?
This is a question I get asked often, and rightly so, because of the gravity of the crime. One has to take into account that these cases were lodged with the ACC before its restructuring. These cases and their investigations are still ongoing. As chairman, I am unable to comment on the cases under investigation, but it is a fact that the commission has already instructed the IOs to trace the destinations of the siphoned money relating to the BASIC Bank scam. The IOs are working tirelessly to complete the investigations. In the meantime, many new cases generated from the BASIC Bank scam were lodged, and many more will be lodged in the coming days. These are ongoing matters, but the perpetrators will undoubtedly be brought to justice in due time. In order to carry out this justice effectively, the ACC has to complete a transparent, detailed and credible investigation.
One of the commendable jobs of the commission during your tenure was enquiring into institutional corruption. The ACC brought to light several dark spots of corruption in different service-providing government organisations but it was apparently ignored. People would have gotten better services had the authorities complied with the ACC's suggestions. You have also brought the matter before the media. Why are the authorities not sincere about fulfilling your recommendations?
As part of its mission to prevent and reign in corruption in accordance with the rules and regulations of the ACC Act, the ACC has made a host of recommendations for systemic reforms in the working processes of different ministries and divisions or their subordinate departments or agencies since 2016. However, the ministries and divisions concerned do not appear to have taken up any remarkable measures to implement those recommendations as of yet. We believe that for reduction of corruption and harassment, which are prevalent in the delivery process of public services, there are no better alternatives to systemic reforms than our guidelines. The systemic anomalies, corruption and procrastination prevalent in these organisations can indeed be mitigated exponentially after thorough examination and strict implementation of the laid-out recommendations.
The Cabinet Division, being responsible for matters concerning the ACC and for inter-ministerial coordination, can take up the responsibility of implementing and enforcing these recommendations as per their discretion. The public would be pleased to know that some of the recommendations were, or are, already being implemented by some of the government agencies.
There was renewed hope after the introduction of 106 hotlines. But we've seen a drastic drop in the number of bribe-mongers caught red-handed after the enactment of the Public Service Act 2018, which prohibits arrest of any public servant on criminal charges without the government's approval. Isn't it one kind of interference in ACC's work on fighting corruption? What is your opinion?
I can confidently say that the ACC did not stop nabbing bribe-mongers after the enactment of the Public Service Act, 2018. On the contrary, a significant number of public servants were caught red-handed while taking bribes. More than 16 trap cases were launched during 2019 with the goal of catching bribe-takers red-handed. Similarly, in 2018, the commission made 57 arrests, while in 2019, the number rose to 123, which was about 116 percent higher than that of the preceding year. This indicates that the Public Service Act did not hamper the ACC's operations. The purpose of the act is to prevent government officials from engaging in corrupt practices, especially while carrying out public duties.
The ACC seems more comfortable with dealing with illegal asset cases rather than handling real-time corruption. What are the reasons behind it?
Taking legal action against entities in possession of ill-gotten wealth is a legal mandate of the ACC. Moreover, article 20 of our constitution states, "The State shall endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes..." The commission proceeds with legal action on the basis of specific allegations relating to offences as stated in the Schedule of the Anti-Corruption Act of 2004. This has nothing to do with comfort or preference, but everything to do with the exact fulfilment of the commission's legal mandates.
The National Board of Revenue plays a big role in giving certificates to assets but often controversy is created at the time of enquiry and investigation, as the ACC found those illegal. Where are the loopholes? How can these be resolved?
The main functions of the National Board of Revenue are to assess, collect and manage taxes or duties for the exchequer. Generally, the tax collectors are less concerned about the sources of income. On the other hand, the responsibility of the Anti-Corruption Commission is to take lawful action against those who have earned assets beyond known sources of income. Pursuant to sections 26 and 27 of the ACC Act of 2004, and the Money Laundering Prevention Act of 2012, action is taken against entities that have accumulated assets by means of taking bribes, engaging in corruption or via any other illegal means. The ACC is bound to carry out its duties under the legal framework only.
According to the Transparency International Corruption Perceptions Index, Bangladesh's status has deteriorated. What can be done to reduce the magnitude of corruption in the country?
Corruption is a global problem. It is rampant in many countries of the world. Recently, the TI published its report on the Global Corruption Perceptions Index in which Bangladesh seems to have moved down in rank. During the same time period, the TI published another report (The Global Corruption Barometer: Asia 2020) where it was indicated that 86 percent of the people in Bangladesh had confidence in the ACC. This goes to show that not all factors were considered in generating these reports. This is natural as these organisations operate as outsiders, and as a result, are unable to take into account all aspects of our situation in Bangladesh.
Empirical data, which they have less of, is vital in order to look at the bigger picture. We should treat these reports as optional tools in our arsenal which we may or may not learn from—in other words, less focus on hard numbers and more focus on actual groundwork. The reality of this world is that it more often does not correspond with concrete values and data. Whatever comes our way, we will have to analyse, adapt and overcome. Things have always been this way. Therefore, it is not worth our time denying that corruption in Bangladesh persists in a wider expanse. The commission has devoted much of its effort to combatting, controlling and preventing corruption and will continue to do so. As we have learned over time, hard work will pay off, resulting in better days in the future.
What needs to be done to make ACC more vibrant?
The commission is constantly working on revising, modifying and reinventing its legal tools and techniques. Whatever we might lack in capacity we make up for it in our sincerity. This is a continuous process. I believe we should continue to emphasise the need for engaging with the public as, according to our constitution, all the power in the Republic of Bangladesh belongs to the people. We should create an environment where people have a bigger platform and role in fighting against corruption. We still have a long way to go regarding raising public awareness against fighting corruption, but we are well on our way there.
What is your plan after retirement?
I have had the opportunity to serve the nation in various capacities for the last 40 years of my life. I have many good memories. However, the harsh reality is that I feel I was unable to give enough time to my family. I plan to make up for the lost time with them. I also have plans to pass on my experiences and knowledge to the future generation so that I am able to serve my beloved country in another capacity (teaching).