Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 952 Sat. February 03, 2007  
   
Front Page


ACC likely to be empowered to seize property, give detention
Govt assessing steps against corrupt people


Intent on curbing the menace of corruption, the interim government is thinking of different actions including empowering the Anti-Corruption Commission (ACC) to place the ones charged with graft on a month's detention and seize their property before trial.

A seven-member advisory council committee on anti-corruption formed on January 24 will discuss and analyse a number of other options as well. It will identify the existing legal, administrative and institutional inadequacies in rooting out corruption.

The government has asked it to place recommendations to that end before the chief adviser within two weeks.

The inaugural meeting of the committee will be held tomorrow at the law ministry with Law Adviser Barrister Mainul Hosein in the chair. Meantime, members of the committee are doing their homework, said sources.

The ACC has already drafted a set of proposals and will place those to the law adviser tomorrow, ACC Chairman Justice Sultan Hossain Khan told The Daily Star yesterday.

They have discussed different aspects of corruption with Barrister Mainul on a couple of occasions, he added.

The anti-graft body will suggest that the government promulgate an ordinance bringing amendments to the Anti-Corruption Commission Act 2004 so that the graft cases can be disposed of within 270 days.

Justice Sultan said they are setting forth the proposals to the caretaker government with a view to ensuring speedy disposal of the cases.

Currently, there is no time bar for those to be settled.

The Special Powers Act 1974 has long been criticised by different socio-political organisations. Political parties on different occasions undertook to repeal the repressive law but while in power they blithely ignored the pledge.

Interestingly, now the ACC is contemplating incorporating in the existing anti-corruption law the 30-day detention provision of the Special Powers Act.

If the provision is added in it, the ACC Act will provide for a month's detention without trial for the ones with corruption allegations against them.

According to the proposal, a district magistrate will order the confinement following recommendation of the ACC.

In return for anonymity, a member of the anti-corruption advisory council committee yesterday told The Daily Star that he supports the idea of linking the ACC Act with the Special Powers Act.

At present, the authorities concerned can seize the property of someone standing accused of graft only after the court convicts them, he said. They can freeze bank accounts but that too on orders from the court.

"Under the existing system, it takes a long time to take action against the corrupt people. First, the ACC has to complete its own investigation and then wait for the legal process to end," the member observed adding that the crooked individuals, especially the big fish, by that time find room to lengthen the legal proceedings.

Besides, if the trials are long-drawn-out, the accused could easily sell or shift their property.

So, a provision authorising the authorities to temporarily seize property of the accused immediately after filing a case is an imperative, the member noted. The property can always be returned if the court finds them innocent.

"It will help to ensure speedy trial while the accused will have no opportunity to drag out their cases," he added.

The ACC chairman said the two provisions if introduced will make a huge difference in the fight against graft.

The government now can send a public servant into forced retirement or the person can willingly retire on completing 25 years in job. The commission plans to propose having the time limit cut by 15 years so that corrupt officials in the administration can be sent into forced retirement earlier.

The anti-graft body will also ask for authority to probe cases under Anti-Money Laundering Act 2002, Foreign Exchange Regulation Act 1947, Passport Ordinance and the Customs Act 1969 and so on.

The advisory council committee might seek extension of the deadline for submitting the recommendations as it is meeting for the first time only tomorrow. The two-week time limit will expire on February 07.