Feeling the pulse of the people

The Parliament of Bangladesh enacted the much talked about Anti- Corruption Act (Act No. 5 of 2004) on February17, 2004 for the establishment of the independent Anti-Corruption Commission (ACC). But the ACC became functional after about ten months in the last week of November, 2004 with the appointment of its chairman and two commissioners and temporary absorption of the officers and employees of the defunct Bureau of Anti-Corruption (BAC). Although the main opposition Awami League (AL) and some others objected to the appointments of the chairman and the two commissioners for their alleged involvement in the past "with the ruling coalition", but the people in general and the members of the civil society in particular, seemed happy with the creation of the ACC 'because it, unlike the now- defunct bureau of anti-corruption (BAC), has no obligation to get a nod from any body to investigate any person or to prosecute any person on graft charges -- be the person a minister, a top bureaucrat or a big businessman.'

The tussle between the government and the ACC primarily arose over the appointment of the secretary to the ACC. Major General (retd.) Abdul Matin who was appointed on contract the director general (DG) of the defunct BAC continued to work as the director general-cum- secretary of the ACC on the strength of two notifications issued by the ACC on November 24 and 25. Major General (retd.) Abdul Matin meanwhile incurred displeasure of the government for his reported statement in the last week of November that the defunct BAC could not discharge its duties and responsibilities properly due to the interference of the government. The government terminated Mr. Matin's contractual appointment on 11 December and appointed on 22 December AMM Reza-e-Rabbi, a retired secretary-in-charge as the secretary of the ACC. Mr. Rabbi was not allowed to join the ACC. On December 27, the High Court stayed the government appointment of secretary to the ACC responding to a writ petition filed by Advocate Bashiruddin Zindegir challenging the legality of appointment of Reza-e-Rabbi by the government. On the other hand, Major General (retd.) Abdul Matin submitted his resignation letter on January 4 to the chairman.

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While the tussle over the appointment of the secretary of the ACC was going on, the government in the cabinet division in a circular issued on January 4 announced the defunct BAC's staff as government's reserve employees and asked them not to work for ACC until its rules and regulations were framed. Under these circumstances, the holding of meeting(s) between the government and the ACC to amicably settle the points of differences is definitely a welcome step.

Now the question arises whether the above tussle between the government and the ACC was at all necessary. Sub-sections (1), (3) and (4) of section 16 of the Act provide that the ACC will have a secretary to be appointed by it. The ACC will be competent to appoint necessary officers and employees to assist it in the discharge of its functions. The terms of appointment and conditions of service of the officers and employees will be regulated by rules and until such rules are framed, the ACC may, with the approval of the government, issue executive orders delineating the procedures to be followed in these matters.

Rules are framed for the elaboration of the provisions of Act(s) creating a statutory public authority. Immediately after Independence, a number of statutory public authorities were created under the President's Orders. There are instances to show that in the case of many a statutory public authority created under President's Order or under the Act enacted by Parliament rules were framed after the authority continued its operation for a considerable period of time. Sub-section (4) of section 16 of the Anti-Corruption Act has taken care of the issue relating to appointment and terms of conditions of service of the officers and employees of the ACC until rules are framed.

It is learnt that in reply to a clarification sought by the chairman of the ACC as to whether the staff of the defunct BAC were staff of the ACC, the Attorney-General informed that the Act allowed defunct BAC officers and employees to work in the ACC from the day BAC was dissolved. They would continue in service until withdrawn by the government on the request of ACC under section 35(2) of the Act. So, the cabinet secretary's interpretation that the Act did not place the defunct BAC staff under the ACC is rather confusing.

The government must feel the pulse of the people who want that ACC immediately becomes fully functional to put a brake on the unbridled corruption in all spheres of national life and instead of creating any obstacle, render it all necessary cooperation and assistance for its effective functioning. The people are highly frustrated to see their country being rated by the Transparency International as the most corrupt country for four consecutive years. They will support ACC's any action that aims at curbing corruption in the country. Some members of the civil society have already expressed opinion that "certain quarters are very active to make the commission inactive." The government's commitment to allow the ACC to function as an independent body is being questioned.

Through a government notification of December last, the ACC has been attached with the Cabinet Division of the government. It is said that the cabinet division liaises between the ACC and the government as the former needs approval of the President and the government in some matters. But this does not appear to be a desirable situation for a body like the ACC. It is imperative that like the Election Commission, the ACC should have its own full-fledged secretariat to correspond with different ministries, offices etc. of the government directly as well as help ACC discharge its other functions and responsibilities properly

To conclude, the people have pinned their hope on the ACC to act as a watchdog against corrupt practices 'particularly by the top brass in politics, bureaucracy and big business'. The people want to see that ACC's declared policy of 'jihad' against corruption materialises and the country stands with its head high in the comity of nations.

M. Abdul Latif Mondal is a former Secretary to the government.