The Anti-Corruption Commission (ACC) has yet to appoint a new chairman over a month after the previous chairman stepped down on October 29. The ACC has been unable to take action on new inquiries, and approve cases and charge sheets against corruption without its chairman and two commissioners.
New inquiries and approvals for cases and charge sheets are left in limbo as such decisions can only come from the full commission comprising its chairman and two commissioners.
The government established a five-member selection committee a month ago to recommend appointments for the positions of Chairman and Commissioners of the Anti-Corruption Commission (ACC). The committee is chaired by Justice Md Rezaul Haque from the Appellate Division of the Supreme Court of Bangladesh.
An order was issued by the Cabinet Division on November 10 to form this committee under Section 7 of the Anti-Corruption Commission Act, 2004, specifically to assist with ACC leadership appointments.
ACC Chairman Mohammad Moinuddin Abdullah, Commissioner (Investigation) Md. Zahurul Haque, and Commissioner (Inquiry) Mosammat Asiya Khatun resigned on October 29. The commission's three top officials, appointed by the immediate past Awami League government, resigned on October 28.
Commission officials said that inquiries over graft charges were now underway against several former ministers, lawmakers, and civil servants of the Sheikh Hasina-led Awami regime, which was toppled amid a student-led mass uprising on August 5.
Many more allegations are awaiting decision in the ACC scrutiny cell for inquiries, while inquiries, investigation reports, and approval of new cases also remain pending in the absence of the full commission, causing disruption and stagnation in its activities.
Most of the pending enquiries and investigations have far exceeded the legally stipulated deadlines.
A high official, preferring anonymity, told The Daily Observer that the law does not permit conducting inquiries into allegations, filing cases, or charge sheets without a full commission. The situation has created an impasse, he said.
"As we've heard that the president has accepted the resignation of the chairman and commissioners, there is no ground for delaying the appointment of a new commission," said Moyeedul, who served as its director general from 2015 to 2019.
"If forming a new commission is further delayed, the workload on the commission will mount, and the delay in legal action will give corrupt people the opportunity to flee abroad and hand over their illegal wealth to others."
The Moinuddin Abdullah-led commission faced allegations that it had failed to hold politically influential people accountable for massive corruption. The interim government, led by Professor Muhammad Yunus and assuming power on August 8, has recently formed the Anti-Corruption Reform Commission, led by TIB Executive Director Iftekharuzzaman.
For each vacant position, the committee will recommend two candidates based on the majority decision of at least three members. The list will then be forwarded to the President for final approval under Section 6 of the Act. To reach a decision, a minimum of four committee members must be present. The Cabinet Division will provide necessary secretarial support for the committee's operations.
According to the ACC Act, 2004, the commission comprises three commissioners, one of whom serves as the Chairman. Each commissioner holds a five-year term.