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ACC blasts Cabinet Division for turmoil

Julfikar Ali Manik
The Anti-Corruption Commission (ACC) yesterday went on the record blasdng the Cabinet Division for its 'negative role' that is holding back die commission's progress and hurting its image as an independent body.
The commission also noted that there are some flaws in the Anti-Corruption Commission Act and if the flaws create any hurdle to smooth functioning of the commission, the lawshould be amended.
The observation came from die three-member commission yesterday al a meeting that decided to send a letter to the Cabinet Division detailing the problems the ACC is facing due to the division's role.
In the letter the commission will also say the Cabinet Division should play a role which is helpful for the commission.
ACC Chairman Justice Sultan Hossain Khan and Member Maniruddin Ahmed endorsed these points to be included in the letter while other Member Maniruzzaman Miah gave his note of dissent. However due to majority support, the decision to send this letter was made final.
The ACC held this meeting to discuss a Cabinet Division letter sent to the ACC on Monday. The letter said that none other than the division has the jurisdiction to transfer the employees of the nowdefunct Bureau of Anti-Corruption (Bac).
This letter was issued following last Thursday's transfer order of eight former Bac staff by a former Bac director that instigated a feud between the ACC chairman and a commissioner.
The Cabinet Division letter noted that according to the government orders, the Bac staff are now reserved employees accountable to the division. They are notallowed to work with the ACC until a screening is done.
"Our reply to the Cabinet Division will not be limited to this latest letter --but all of its previous letters," the ACC chairman told The Daily Star after yesterday's meeting.
Since the ACC was formed in November last year, the Cabinet Division has issued a number of letters on different occasions telling the commission that its actions on certain matters were wrong.
For instance, when the ACC absorbed all the former Bac staff, the division in a letter said that it contradicts the law - as the Bac staff are government's reserved employee till the ACC recruits them through screening.
Again, when the ACC in defence of its decision to absorb the Bac staff
brought an interpretation of the ACC Act from the Attorney General -the Cabinet Division did not accept the interpretation.
Moreover, the Cabinet Division in separate letter said it was illegal that the ex-Bac officials were using their Bac designations at the ACC. The division also opposed the ACC move to appoint a secretary unilaterally.
"These actions of the Cabinet Division are interference in the independence of the commission," quipped Justice Sultan. "These definitely stand in the way of the commission's activities," he added.
"Besides, these actions are making the former Bac officials inactive. These will also affect the image of ACC as an independent organisation."
Drawing notice on the ACC Act, he said, "It has some flaws. Again no parliament can make a flawless law. We can however overcome some of the obstacles (created by these flaws)."
"If there is a (major) hurdle, this law then needs amendment," he pointed out. "But so far such hurdles have not been seen."
Commissioner Maniruzzaman Miah on the other hand said, "It is pointless to blame the Cabinet Division alone. It is a fact that we have failed to do our own work. For instance, we have not framed our organogram although the ACC is four months old now. We have not framed the rule for screening the Bac staff. We did not even make the other rules to make the ACC work."
"These reasons have also created hurdles to the ACC. So what is the point in blaming the Cabinet Division alone?" Miah noted, saying that these are the reasons why he opposed the decision to send a letter to the division.
There are 315 officers among the total 1,107 ex-Bac staff. The ACC yesterday decided to form a four-member committee headed by ex-Bac director Kaniz Fatema to screen the 315 officers to recruit them at ACC.