ACC working on draft law rolling back key reforms

Those who have prepared these proposals [in the draft law] want the ACC to be neither independent, nor accountable, nor effective.

Iftekharuzzaman TIB Executive Director

The Anti-Corruption Commission is preparing a draft law that incorporates provisions from the ACC Act, 2004, and the unratified 2025 ordinance, while introducing several new proposals.

Reverting to the framework under the ACC Act, 2004, the draft proposes scrapping the ordinance’s requirement for at least one woman and an ICT expert among its five commissioners.

In a fresh proposal, it says that if all commissioner posts fall vacant, the secretary will be empowered to make decisions in consultation with director generals and later inform the newly formed commission.

The draft law, however, retains a key provision of the 2025 ordinance that removed section 32(a) of the ACC Act, 2004, allowing the commission to file cases against judges and public officials without prior government approval.

Meanwhile, a new search committee responsible for appointing commissioners was formed yesterday, also in line with the 2004 Act, which is now in effect as parliament has let the 2025 ordinance lapse.

In the draft, the ACC has proposed scrapping a provision in the ordinance, which says the search committee must include at least two lawmakers, one from ruling party and one from opposition, along with an expert individual.

The interim government promulgated the ordinance following recommendations from the ACC Reform Commission. However, as parliament did not ratify the ordinance, the ACC began working on a draft law in May.

Speaking to The Daily Star recently, Transparency International Bangladesh Executive Director Iftekharuzzaman said, “Those who have prepared these proposals [in the draft law] want the ACC to be neither independent, nor accountable, nor effective.”

He said that while some of the changes might be justifiable, the overall draft suggests that the ACC itself does not clearly seek independence but instead wants to further curtail what little remains of its autonomy and effectiveness.

FROM REFORM TO REVERSAL

The ACC Reform Commission in its report described the search committee under the 2004 law as “one-sided”, noting that recommendations had clearly been influenced by ruling parties in the past.

It therefore proposed changes to the committee’s composition in its final report, submitted in February 2025.

In December that year, the interim government promulgated the ACC (Amendment) Ordinance, 2025, revising the search committee in line with the reform commission’s recommendations.

Under the 2004 law, the search committee comprised five members: a judge of the Appellate Division nominated by the chief justice, who served as chair; a High Court judge nominated by the chief justice; the comptroller and auditor general; the chairman of the Public Service Commission; and the most recently retired cabinet secretary.

The 2025 ordinance, however, expanded the committee to seven members.

It stipulated that the committee would be headed by a senior Appellate Division judge, while the other members would include a High Court judge nominated by the chief justice, the comptroller and auditor general, the chairman of the Public Service Commission, two lawmakers -- one from the ruling party and one from the opposition -- and an expert with at least 15 years of experience in anti-corruption or good governance.

Former ACC director general Moeidul Islam criticised the anti-graft watchdog’s move to change the composition of the search committee.

“The search committee under the 2004 law was essentially a government-controlled selection committee. It functioned as a rubber-stamp body for the names proposed by the Cabinet Division. Had the members included under the ordinance remained, they could have raised their voices on many issues.”

POWERS FOR SECY

Proposing an increase in the powers of the ACC secretary, the draft law states that if all commissioner posts become vacant, the commission’s secretary would be empowered to make decisions in consultation with director generals, while being required to later inform the newly formed commission.

During an ACC vacancy in 2009, the secretary temporarily exercised certain powers, including authorising investigations, filing cases, and approving charge sheets. However, once a new commission was formed, those decisions required formal approval, as some accused individuals questioned their legality.

In contrast, during the current 2026 vacancy -- which has lasted more than three months since March 4 -- the commission’s activities have come to a standstill. Unlike in 2009, the secretary is refraining from making decisions on investigations, case filings, or charge-sheet approvals.

Regarding the scope of the secretary’s authority during such vacancies, a senior ACC official said the secretary is empowered only to handle administrative matters.

“Decisions related to investigations, filing cases, and approving charge sheets remain outside the secretary’s purview,” he said.

Commenting on the powers proposed for the ACC secretary, ex-ACC DG Moeidul said, “This will further strengthen bureaucracy within the ACC. They will use periods when the commission remains vacant to consolidate control. I believe the ACC itself may even prefer the commission to remain vacant for longer periods. Such a provision should not exist.”

The draft also proposes removing the 120-day deadline for completing investigations introduced under the 2025 ordinance.

Retaining provisions from the 2025 ordinance, the draft disqualifies individuals holding foreign citizenship, permanent residency abroad, or assets overseas from being appointed ACC commissioners. At the same time, commissioners’ tenure has been reduced from five years to four.

According to the draft, the ACC will be able to investigate, conduct inquiries into, and file cases against any person, regardless of nationality, if they commit offences in Bangladesh or engage in corruption, money laundering, or other listed offences against the state from abroad.

The 2026 ACC draft law also proposes bringing various financial crimes -- including money laundering, insider trading in the capital market, tax offences, and customs offences -- under the commission’s jurisdiction.

Notably, tax, customs, and capital market offences have been explicitly included in the new draft.

In line with the ordinance, the draft also states that whenever the ACC establishes an office in a district, a special judge’s court will be set up there.

Contacted, ACC Secretary Mohammad Khaled Rahim told The Daily Star, “This [the draft law] is still at a very preliminary stage. The time for making comments has not yet come. We are discussing and preparing the draft according to our own views, and many additions and changes may still occur.”

TIB chief Iftekharuzzaman said, “It is surprising that both the government and the ACC appear to be paying little attention to the BNP’s commitments in its 31-point agenda and election manifesto, as well as to the recommendations of the ACC Reform Commission, which were endorsed by nearly all political parties represented in parliament, including the [ruling] BNP.”

“If the idea is to recreate the Bureau tradition, it is better not to have it with the facade of a useless ‘commission’.”