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Anti-corruption drive to go on

Asserts ACC, plays down opposing views

Emran Hossain
The Anti-Corruption Commission (ACC) plays down the recent string of releases of high-profile graftsuspects, while the cross-section of people express disappointment with the manner they obtained bail out of the blue in such a large number.
The releases gave rise to a number of questions regarding the fate of anti-graft drive and people consider it as another nail in the drive's coffin.
Apprehension about the future of the anti-corruption drives became even stronger with the release of former premier Khaleda Zia yesterday, a week after her elder son Tarique Rahman, who is accused in 14 graft and corruption cases, was released.
"Such a large number of graftsuspects have obtained bail as the matter of creating a friendly atmosphere for upcoming elections and ensuring participation of all in the polls got mixed-up with the issue of corruption. As a result, the focus has gone away from the issue of corruption and the bail is being given under political consideration," said Transparency International Bangladesh (TIB) Executive Director Dr Iftekhar Zaman.
"There is no shift in the policy of the commission. So the legal process against the graft-suspects will continue as per rules," ACC Director General (admin) Col Hanif Iqbal toldThe Daily Star.
Replying to a question on how the graft-suspects are getting bail, he said. "We are not the court. We are prosecutor and we have taken the cases to the couns. The graftsuspects have obtained bail by slipping through legal loopholes."
Though some top-level officials involved in the drive against corruption are giving the impression that the releases are made as per laws, cross-section of people fear it has paralysed the anti-corruption drives, which created a strong hope of bringing changes to the country and politics.
The people also apprehend that the present scenario indicates the country is going back to the same political and social situation riddled with corruption, which had existed before the 1/11 changeover.
Though the judiciary is independent, question is that whether it can operate independently. The next question that comes to our mind is whether the graft cases are running following due legal process. The graft-suspects did not get bail when they should get it, and now bail is being given to them in a line," Iftekhar Zaman said.
The ACC lawyers and public prosecutors raise questions about independence of the judiciary and termed the sudden bail of such a huge number of graft-suspects "unprecedented in the history of Bangladesh" and "in any civilized country" that "has caused serious damage to the judicial system."
People involved in the graft drive and lawyers say time has not yet arrived to assess whether the drives against corruption and 1/11 changeover have failed or not. They add if the graft cases were disposed of confirming conviction of corruption accused, the drive would become successful.
Over 100 graft cases have been disposed of by the special courts since their inception last year, whereas almost the same number of cases have been stayed by the High Court.
"The disappointed situation is created just because of the fact that the government was ignorant of how to deal with high-profile graft suspects and top-level political leaders once they are arrested. As a result, the graft-suspects are obtaining bail dramatically just like -they w-ere arrested," said a person who has significant role to combat corruption.
"The way the bails are being granted is unprecedented. These bail orders are not covered by any law as no change has been made in the existing laws in the last few months. The question is why the graft-suspects are getting bail in such a large number," said ACC public prosecutor Sharfuddin Ahmed Khan Mukul.
"The grounds upon which bails are being given are malafide, lack of-jurisdiction and quorum non Judice. I think the court cannot grant bail considering such issues and it is beyond our law," senior counsel of ACC Anisul Haque observed.
"The bails bear an indication if there is any loophole in our laws. What has happened so suddenly that graft-suspects are obtaining bails in such a large number? And where was the time to hear such a large number of bail petitions?" he asked.
"The bails have caused loss to our judiciary. It is unprecedented in the history of any civilized country," he said.
Since the drive against graft is launched in February last year, dozens of high-profile graftsuspects including politicians and businessmen were held and put behind bars. Many of them were accused in graft cases, many were convicted, but the people whose names were in the centre of the drive have been released recently.