Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 279 Thu. March 10, 2005  
   
Front Page


ACC in dilemma over Bac cases


The Anti-Corruption Commission (ACC) does not know whether it has jurisdiction to run 4,000 under-trial cases filed earlier by the now defunct Bureau of Anti-Corruption (Bac).

ACC Chairman Justice Sultan Hossain Khan yesterday said he will seek legal opinion on this matter from the attorney general in a week.

Meanwhile, Justice Sultan has decided to place his reported proposal for appointment of 18 army officials in the ACC on deputation and 14 government officials and judges to 'vacant posts' of the non-existent Bac at the next ACC meeting.

His unilateral and controversial move in this regard on Tuesday sparked strong criticism within the commission.

Admitting disagreement on the matter, Justice Sultan told The Daily Star yesterday the proposal was a 'brainchild' of ACC Commissioner Maniruddin Ahmed.

Maniruddin however told this correspondent Earlier on Tuesday night he was not aware of the proposal.

But records show he has signed the proposal.

UNCERTAINTY OVER CORRUPTION CASES
The ACC act said all public assets, rights, facilities and power of the Bac would vest in the commission after dissolution of the Bac.

But the act also contains provisions which clarify that after repeal of the act that formed the bac, the ACC will complete the inquiries, investigations and filing of cases that the Bac could not complete.

"Although the ACC act vested all assets, rights, facilities and power of the Bac in us, it is not clear who is responsible to continue the under-trial cases pending with courts," Justice Sultan told The Daily Star.

About 4,000 such cases await disposal across the country. Of them, about 800 are pending with the High Court, he mentioned.

"We have already instructed district anti-corruption officers to preserve records and to work for continuing the cases," the ACC chairman said. "But many people say it is not our responsibility to continue the cases in which only charge sheets have been submitted."

Justice Sultan said he has already discussed the matter with the ACC legal adviser and some other lawyers before taking it up with the attorney general.

CONTROVERSIAL PROPOSAL
Without any meeting of the ACC, Justice Sultan on Tuesday sent a note to the two ACC commissioners proposing appointment of 18 army officials to form intelligence and counter-intelligence units and 14 government officials and judges in 'vacant posts' of the Bac that no longer exists.

He also proposed transfer of nine Bac officials to other 'vacant posts' of the Bac.

Justice Sultan said yesterday, "It is not at all my proposal. Commissioner Maniruddin proposed formation of intelligence and counter-intelligence units with army officials. The proposal was conceived to stop corruption and smuggling at land ports, seaports and customs house."

He said, "We proposed appointment of government officials and judges to stop corruption in revenue departments and to probe corruption properly."

He proposed appointment of six officials from revenue departments, five from police and three judges.

The 18 army officials proposed for intelligence and counter-intelligence units include one colonel, three majors, eight captains and six NCOs (non-commissioned officers).

The chairman said he would take up the proposal at the next ACC meeting 'as there is difference of opinion among us'.

He declined to say who opposed the proposal.

Sources said ACC Commissioner Maniruzzaman Miah opposed the proposal.

Justice Sultan said he took preparation to send the proposal to the cabinet division for approval. "But I have now decided to go for it after meeting with my commissioners."