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FREE ANTI-GRAFT BODY

Govt can still withdraw any case at will

ZAYADUL AHSAN
Although the new legislation, AntiCorruption Commission Act, will allow independent investigation and prosecution of anyone involved in corruption, the government secretly kept its trump card: it can withdraw any case at will, even at the trial stage.
The act uses the Criminal Law Amendment Act 1958 as a base for prosecuting anyone. Section 10 (4) of the criminal law reads: "No prosecution under this act against any person either generally or in respect of anyone or more of the offences for which he is being tried shall be
withdrawn except under the order in writing of the government."
The clause erodes the power of the anti-graft commission awaiting approval of President Iajuddin Ahmed, as the government's authority to withdraw cases will take the steam off the commission's war on corruption, a senior lawyer said.
Despite the fact that formation of the commission was one of the key poll pledges of the four-party coalition leader Bangladesh Nationalist Party, the government was soft-pedalling on the issue described as vital in a country, rated the world's most corrupt country for three successive years by Transparency
International.
Hammered by donor agencies and the civil society, the government introduced the bill in parliament seven months ago, but came under immediate fire for designing the law in a way that would present a drag on the formation of a truly independent commission.
After seven months of discussion and arguments, the bill took a reasonably acceptable shape and the government hinted at approving it on February 17.
But on February 9, the Parliamentary Standing Committee on Law Ministry added a clause to
®he ^aSy ^tar
the bill, tagging it with the criminal law for the prosecution of an accused.
Section 6 (5) of the criminal law says when an investigation officer submits a chargesheet against a state official, it must carry a government permission letter. Without the permission letter, a judge will not accept the chargesheet.
As The Daily Star exposed the government move, the ruling party in the last moment amended this part of the Anti-Corruption Commission Act on Tuesday before passing it. The amendment ended the application of Section 6 (5 and 6) of the Criminal Law (Amendment) Act, 1958 to the anti-graft law.
Yet there are several inconsistencies in the act that question the government's sincerity to fight corruption.
The law says the government will decide the budget and organisational structure of the commission, making the anti-raft body reliant on the government and giving the administration an edge to influence it.
The jurisdiction of the commission pales beside the Bureau of Anti-Corruption (Bac) that uses 16 full-fledged laws and 47 sections of the penal code. The commission, which will replace the bureau, will use only one full-fledged law and 17
sections of the penal code.
The commission will not be able to prosecute people accused of money laundering and customs, banking, passport frauds.
The government has been given the authority to trouble-shoot any confusion arising out of the commission's power and responsibility, leaving a channel open for the government's intervention.
The law allows a judge to presume people guilty and punish them -- a concept against the traditional justice system that requires the proof of guilt to punish anybody.
To avoid conflict of interest, the draft of the anti-graft bill said the commission members would not work anywhere else. But the passed bill deleted the part.
The bill provides for appointment of the immediate past or a former cabinet secretary as a member of the selection body of the commission, without an eligibility clause.
The bill allows the commission to put anyone behind bars for three years for hindering any witness, but does not state under which law the punishment will be given.