The formation of a search committee to appoint a new chairman and commissioners of the Anti-Corruption Commission (ACC), after leaving this vital institution effectively crippled for almost four months, raises critical questions about the government’s intentions. It remains to be seen whether the appointment of the ACC chairman and commissioners is carried out transparently and free from partisan influence. This is because the ACC, since its inception, has repeatedly been embroiled in controversy over allegations of partisan and selective actions favouring the ruling party.

Since the newly elected BNP government has allowed the Anti-Corruption Commission (Amendment) Ordinance, 2025 to lapse, the legal framework governing the commission remains the Anti-Corruption Commission Act, 2004, which was enacted by the BNP two decades ago. Yet, in constituting the search committee, the government appears to have stretched the provisions of a law it itself enacted while in power.

According to Section 7(e) of the 2004 act, the five-member selection committee shall comprise, in addition to one judge each from the Appellate Division and the High Court Division, the comptroller and auditor general, the chairman of the Public Service Commission, and “the last retired Cabinet Secretary amongst the retired Cabinet Secretaries.” The law further stipulates that if such a retired cabinet secretary is unavailable or unwilling to serve on the committee, “the next before retired Cabinet Secretary of the last retired Cabinet Secretary” shall be selected. The serving cabinet secretary may only be nominated if no retired cabinet secretary is available or willing to hold membership of the selection committee. Since it is hard to believe that no previous cabinet secretary was available for the position, the presence of a serving cabinet secretary on the committee inevitably raises concerns about whether the appointment process can remain free from government influence. A flawed selection process risks undermining both ACC’s credibility and public confidence in its ability to act independently and impartially.

With the government allowing the 2025 ordinance to lapse, scepticism has grown regarding the BNP’s commitment to introducing stronger legislation to ensure the ACC’s independence. Although the government has yet to publish a draft of any new law, ACC officials have already put forward a draft proposal. Rather than alleviating concerns, the ACC’s draft appears to deepen them. It proposes empowering the commission’s secretary—a civil servant serving on deputation—to make decisions in the event that all commissioner positions become vacant. The government’s silence on this proposal, instead of publicly distancing itself from it, is particularly concerning.

The government must prioritise both the reconstitution of ACC and enactment of a new law that guarantees its genuine independence. Reports of thousands of accumulated complaints and pending investigations should serve as a warning that any further delay in reforming and reconstituting the commission will only weaken and overburden this critical institution and also undermine the BNP’s stated commitment to combating corruption in governance. We, therefore, call on the government to ensure that the selection committee is free from government influence by rectifying the current composition and strictly adhering to both the letter and spirit of the law.