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Eminent citizens want true independence for anti-graft body

ZAYADUL AHSAN
Eminent citizens praised the government for its move to set up an independent anti-corruption commission, but put an underscore on making the body truly free from the leverage of the executive wing.
Talking to The Daily Star yesterday, they emphasised who and what type of persons would be handpicked to select the chairman and members for such a commission.
The views came after the cabinet approved the independent anti-corruption commission act on Monday and ahead of its possible tabling in parliament for consideration on Thursday.
Former Cabinet Secretary Mujibul Haq thinks that the commission should be set up as a constitutional body to become independent as such.
"There should be provisions allowing the president to appoint the chairman and two members to the commission from a six-member panel without consulting anyone," he said. "This power should be vested in him through constitutional amendment."
Mujibul said the number of the members on the selection committee could be nine instead of the proposed six to make it more democratic. "It would make selection more neutral as well," he said.
Mujibul elaborated on his rec
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ommendations for the nine-member selection committee: one minister instead of the proposed two, two judges of the Supreme Court nominated by the chief justice, comptroller and auditorgeneral, chairman of the Public Service Commission, a nominee from civil society by the prime minister and another nominee by the leader of the opposition; and these seven members will select a newspaper editor and a civil society member.
He defined the civil society as consisting of senior educationists, lawyers, former secretaries, economists, physicians and retired chiefs of armed forces.
The former secretary said the selection committee would prepare the panel of six through voting and the president would pick three out of them for appointment to the anti-corruption commission.
He also suggested that the status of the commission chairman should be equal to that of an Appellate Division judge and the two members should have the same status as High Court judges.
The commission should submit its annual report to the Jatiya Sangsad to ensure transparency, he emphasised.
Barrister Amir-ul-Islam suggested that the members to be selected for the commission should have independent public stature.
The selection body should accommodate nominees by the prime minister and the leader of the opposition to make it more acceptable, he felt.
Former adviser of the caretaker government and ex-inspector general of police (IGP) ASM Shahjahan appreciated the government for its move to set up an independent commission when corruption has spread its roots deep in society.
He said the chairman of the commission could be the immediate-past retired judge of the Appellate Division of the Supreme Court.
"The proposed bill should be discussed in detail in parliament. More importantly, the opposition should participate actively in the discussion," Shahjahan added. The commission should play a much
bigger role in reforming different institutions, he said.
Former chief justice Mostafa Kamal commenting on the issue said, "I don't think any institution in practice in Bangladesh ever worked independently at any time. Institutional independence is not enough. The persons working at an institution must be independent in their mental and psychological make-up."
An independent institution and a slavish mind do not go together, he said. "An independent person takes responsibility, and in the context of Bangladesh, he must be strong enough in mind to face pressure from all quarters -- government or non-government."
"Persons in authority and outside don't like independent persons," he said of his lifelong experience.
The Transparency International had voiced in an organised fashion the need for formation of such a commission for long.
In 2001, Transparency International Bangladesh Chapter had proposed setting-up of a constitutional council that would appoint the members of the independent anti-corruption commission. The council should consist of the president, prime minister, leader of the opposition, speaker and chiefjustice, it suggested.
It had an alternative suggestion that the president, chief justice and three other eminent persons of society could form the appointment committee.