The Anti-Corruption Commission (ACC) has effectively been paralysed for nearly two months with its leadership positions remaining vacant during this time.
The crisis emerged since all the members of the commission, including Chairman Dr Mohammad Abdul Momen, resigned on March 3 this year. Since then, the ACC has been facing severe constraints in its ability to make critical decisions on corruption-related cases, investigations, and enforcement actions.
As of yesterday, one month and 26 days have passed since the resignations. Officials say despite the restoration of the ACC Act, 2004, no initiative has been taken yet to form the legally required search committee to appoint a new commission.
Sources said the interim government had moved to amend the ACC Act through an ordinance issued on December 23 last year. After the BNP-led government assumed office on February 17, parliament convened on March 12 and 133 ordinances -- including those related to the ACC -- were placed before the House.
Of those, 113 were passed, seven were rejected, and 13 -- including the ACC-related ordinance -- remained pending. As per law, these 13 ordinances lapsed on April 11, 30 days after the parliament convened. As a result, the ACC Act, 2004, returned to full effect from that date.
However, 15 days since the law was reinstated, the Cabinet Division has yet to form a search committee to appoint a new chairman and two commissioners for ACC.
Under the law, the search committee -- comprising senior officials -- must shortlist six candidates for the president to appoint three commissioners and designate one of them as ACC chairman.
Meanwhile, the absence of a functioning commission has halted key activities, including approval of cases, filing of charge sheets, and issuing travel bans on suspects. The ACC Act and its rules provide no legal mechanism for making such decisions in the absence of commissioners.
Routine functions, such as receiving complaints, preliminary scrutiny, and investigations approved by the previous commission, as well as judicial proceedings in courts, however, are ongoing.
According to ACC sources, more than 200 complaints have been submitted since March 3, including allegations against several high-profile individuals -- former chief adviser to the interim government Dr Muhammad Yunus, former law adviser Asif Nazrul, and former health adviser Nurjahan Begum -- are currently under review by the ACC’s verification committee.
Contacted, ACC Secretary Mohammad Khaled Rahim said, “At present, we are continuing administrative activities with the Cabinet Division’s guidance. Investigations and inquiries approved by the previous commission are ongoing. The verification committee is also functioning, but decisions requiring the commission’s approval cannot be made at present.”
Asked about formation of the search committee, he said, “We have no information yet. However, we expect the Cabinet Division to form it soon.”
Under the ACC Act, 2004, the five-member search committee must include a judge from the Appellate Division of the Supreme Court, a judge from the High Court Division, the Comptroller and Auditor General, a recently retired Cabinet Secretary, and the Chairman of the Public Service Commission.
Since its establishment in 2004, the ACC has been led by seven commissions, of which only three commissions -- led by former secretary Golam Rahman, former official Md Badiuzzaman, and former senior secretary Iqbal Mahmood respectively -- could complete their tenures.
Former Justice Sultan Hossain Khan led the ACC for two years and three months, while Lt Gen (retd) Hasan Mashhud Chowdhury for two years, former secretary Mohammad Moinuddin Abdullah for three years and six months, while the most recent commission under Dr Momen lasted just over a year.
