The High Court has given 16 suggestions to the National Assembly to build a corruption-free country. In the judgment, the court expressed optimism and said that if the National Parliament takes the suggestions seriously and takes effective measures quickly, the country will be able to stand tall in the court of the world as a corruption-free state within the next 10 years.
Tuesday (November 7) Justice Md. A single High Court bench of Ashraful Kamal delivered its 77-page judgment with 16 recommendations. Titas Gas Deputy Assistant Engineer Md. Kamruzzaman Sarkar and technician Abdur Rahim’s sentence was canceled in this suggestion. On December 14, 2022, the High Court announced the verdict in summary form.
1. Formation of a separate cadre service for ACC. To appoint officers of the ACC in the same manner and by the institution by which the Judges of the Subordinate Courts are appointed.
2. To constitute a separate, independent and independent recruitment board for the recruitment of other employees of the ACC.
3. ACC officials and employees are required to file their assets details on joining the Commission after being appointed and to publish the assets accounts compulsorily on the ACC website every year.
4. To elect the Chairman of the ACC from among the retired judges of the Appellate Division of the Supreme Court and the members of the ACC from among the retired judges of the High Court Division.
5. To constitute separate prosecution panels for High Courts and Subordinate Courts consisting of honest, skilled and experienced lawyers and to reconstitute the said panels every 3 (three) years. To constitute an independent and impartial board for the nomination of lawyers to the said prosecution panel. Provision of commensurate honoraria and other logistical support to lawyers included in the prosecution panel.
6. Based on the complaint of corruption received from any person, if it is accepted for investigation/investigation by the Commission of Inquiry, to inform the complainant of the result of the investigation within 30 (thirty) days and within 15 (fifteen) days of the filing of the case after the investigation, with a copy of the statement of the case.
7. If the allegation of corruption is not received from any person or if the inquiry does not find the truth or if the investigation does not find the truth or if the commission does not grant permission for the inquiry/filing of case/investigation, within 30 (thirty) days of taking the decision at each stage stating the reasons thereof. Notify the complainant.
8. If a person makes a complaint of corruption to the ACC or any of its local offices, that office does not provide any acknowledgment or receipt of receipt of the complaint or the complaint is not accepted or the result of the investigation is not communicated to the complainant or if he is aggrieved by the result of the investigation by the complainant. The complaint with affidavit stating reasons is filed in the court of the Senior Special Judge of the concerned district.
9. If a complaint of corruption against any officer/employee working in ACC is brought to the ACC or its local office, the commission investigates the same and does not find the truth, or if the commission does not grant permission to file a case against him after finding the truth, or if the complainant is aggrieved by the decision of the commission, after the complainant has been informed in accordance with the aforementioned rules. Or if he is not informed at all, after 180 (one hundred and eighty) days after filing the complaint, the complainant can file a case against the officer/employee working in the concerned ACC in the court of the Senior Special Judge of the concerned district. In this case, the Senior Special Judge Court cannot directly accept the complaint without investigation by any person or organization. However, the responsibility of this type of investigation cannot be given to the Anti-Corruption Commission or any of its officials under any circumstances. The officer in charge of such investigation shall exercise all the powers and jurisdiction of the existing law for the investigation of criminal cases.
10. To appoint necessary number of special judges for expeditious disposal of corruption cases. In particular appointing one or more special judges in proportion to the number of cases in each district and ensuring adequate security and logistical support for said courts and judges. Restructuring the Special Judges Court and converting it into a Tribunal to enable it to dispose of cases expeditiously and renaming it as ‘Anti-Corruption Tribunal’.
11. Not to appoint any officer outside the Commission to the posts reserved for the officers and employees of the ACC.
12. Public disclosure of corruption related complaints, cases, investigations, findings and findings on monthly, quarterly, semi-annual and annual basis. Moreover, the results of the investigation of the corruption allegations of a corrupt person or the list of his assets should be compulsorily informed by the commission to the public. In this case, publishing these information consistently on the website of the Anti-Corruption Commission.
13. Any person making an application under the rules to the Anti-Corruption Commission for any information shall inform him of the result within 30 (thirty) days of the application.
14. Attention to follow the Right to Information Act, 2009. 17(a) of the Anti-Corruption Commission Act, 2004 to extend the ambit and scope and to carry out investigations against persons (other than constitutionally exempted persons) specified in Tables 1 to 25 of the Warrant of Precedence 1986 (as amended up to July, 2020) and to attach provisions relating to conduct of inquiry proceedings’.
15. To follow international principles in conducting every investigation and investigation into corruption.
16. Bringing necessary amendments in the latest relevant laws and regulations. The Registrar General has been directed to send a copy of this judgment to the Chairman of the Law Commission and all Members of Parliament through e-mail. At the same time a copy of the judgment and order has been asked to be sent to all the judges of the subordinate courts through e-mail for information and review.