The High Court has given 16 suggestions to the National Assembly to build a corruption-free Bangladesh. The High Court expressed optimism and said that Bangladesh will be able to stand tall in the court of the world as a corruption-free state within the next 10 years if the recommendations of the great national parliament are taken seriously and effective measures are taken.
Deputy Assistant Engineer of Titas Gas in a case of taking bribe of 15 thousand taka. Kamruzzaman Sarkar and technician Abdur Rahim’s verdict annulled these suggestions.
On December 14, 2022, Justice Md. A single High Court bench headed by Ashraful Kamal gave the verdict. The 77-page verdict was released on Tuesday. In the judgment, the High Court made 16 recommendations, including the creation of a separate service cadre for the ACC to curb corruption.
The Registrar General is directed to e-mail a copy of this judgment to the Chairman of the Law Commission. Besides, the Registrar General has been directed to send copies of judgments and orders to 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.
16 recommendations of the High Court
1. Establishment of an independent cadre service for the Anti-Corruption Commission. 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 asset details on joining the Commission after being appointed and to make public the asset account every year on the Anti-Corruption Commission website.
4. To select the Chairman of Anti-Corruption Commission from among the retired judges of the Appellate Division of Bangladesh Supreme Court and the members of the Anti-Corruption Commission 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 for 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 Anti-Corruption Commission or any of its local offices, if that office does not issue any acknowledgment or receipt of the complaint or if the complaint is not accepted or the result of investigation is not informed to the complainant or if he is aggrieved by the result of the investigation, by the complainant In this regard, the complaint with affidavit stating the reasons is filed in the court of the Senior Special Judge of the concerned district.
9. If a complaint of corruption against an officer/employee working in the Anti-Corruption Commission is brought to the Anti-Corruption Commission or its local office, the Commission investigates it and does not find the truth, or if the Commission does not approve the filing of a case against him after finding the truth, or if the complainant is aggrieved by the Commission’s decision, the complainant shall After being informed according to the 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 anti-corruption commission 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’ Courts and converting them into tribunals to enable them to dispose of cases expeditiously and renaming them as ‘Anti-Corruption Tribunals’.
11. Not to appoint any officer outside the Commission to the posts prescribed for the officers and employees of the Anti-Corruption Commission.
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 all this 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. In that case, be careful to follow the Right to Information Act, 2009.
14. 17(a) of the Anti-Corruption Commission Act, 2004 to extend the ambit and ambit of the Scheduled Offenses 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) Enclosing provisions relating to ‘conduct of inquiry and investigation proceedings’.
15. Adhering to international standards in conducting all inquiries and investigations into corruption matters.
16. The Code of Criminal Procedure, 1898 to carry out the above mentioned clauses; Anti-Corruption Commission Act, 2004; Corruption Commission Rules, 2009; Criminal Law Amendment Act, 1958; Prevention of Corruption Act, 1947; Prevention of Money Laundering Act, 2012; Prevention of Money Laundering Rules, 2019; Making necessary amendments in the Mutual Assistance in Criminal Matters Act, 2012 and other relevant laws and regulations.