Photo : Messenger
Despite nearly two decades having passed, the Anti-Corruption Commission (ACC) continues to operate without a dedicated prosecutor. Although it possesses a legal and prosecution wing, trials are carried out by prosecutors appointed on a temporary basis. The ACC Act mandates the establishment of a permanent prosecution unit with an adequate number of prosecutors. However, the ACC has not yet formulated the necessary rules to implement this provision.
As outlined in Section 33 of the ACC Act, the Commission is mandated to establish its own permanent prosecution unit, equipped with the requisite number of prosecutors to handle cases within the jurisdiction of the Court of Special Judges for the investigative endeavors of the Commission. The rules governing the appointment and employment of these prosecutors are specified by the Act. The provision states that prosecutors appointed under this section shall be considered public prosecutors. Despite the passage of 19 years since the establishment of the commission, there has been a notable absence of the ACC's dedicated lawyer panel.
Allegations have been raised about the handling of cases by lawyers affiliated with the ruling party. Despite the government granting extensive powers to the ACC, the commission has not formulated any rules regarding this matter. The Legal and Prosecution Unit of the ACC comprises a Director General (DG) and two Directors, along with Deputy Directors (DD), Assistant Directors (AD), Deputy Assistant Directors (DAD), and other officers. However, there is absence of a dedicated in-house prosecutor within the unit.
In response to inquiries, Commissioner (Investigation) Zahurul Haque stated to The Daily Messenger, "The ACC's authority extends to the appointment of Assistant Directors (AD), not beyond that. Appointing a permanent lawyer won't address the issue. Currently, they have to be appointed as Assistant Directors. The question arises, will a senior lawyer accept a position as an Assistant Director? The salary offered here is comparatively low, and they won't receive additional facilities. It's unlikely for a senior lawyer to accept a position as an AD under these conditions. Ideally, we should be appointing advocates."
When questioned about the absence of rules despite 19 years of operation, he explained, "Amending laws and rules requires thorough research. Will a senior lawyer agree to take on the role of an assistant director? Joining here means entering a fixed salary structure, which might discourage potential candidates."
In response to the question of who will conduct the research, he expressed, "We need to carefully consider our options. Decisions cannot be rushed; they require thoughtful consideration. There should be research and discussions on these matters. We must weigh the pros and cons of appointing a permanent prosecutor. It's crucial to understand that the authority of the commission extends only to the appointment of an assistant director. In all services across the country, the entry post is as an assistant – be it Assistant Judge in Law, Assistant Commissioner in Admin Cadre, Assistant Surgeon in Medicine, or Assistant Engineer in Engineering."
Responding to the allegation that temporarily appointed lawyers in the ACC are consistently affiliated with the government party, he countered, "Who made that claim? No changes were made to the lawyers. There were no alterations when we assumed our positions."
Regarding the Prosecutions Unit, the former Director General (Legal and Prosecution) of the ACC, Moyeedul Islam, told The Daily Messenger, "Section 33 of the ACC Act clearly mentions the establishment of a permanent prosecution unit, and rules are to be made according to the sub-section. In 2007, rules were formulated concerning search and investigation matters. However, in accordance with Section 33, new rules need to be devised for the functioning of the prosecution unit. This should have been initiated earlier. The current leadership should promptly commence the process of formulating these rules and expedite their implementation."
He emphasised, "These rules shouldn't resemble the regulations for appointing ADs and DDs. Rather, they should be designed to attract highly skilled lawyers by offering competitive salaries and benefits. Many organizations have legal wings that operate independently without merging with ADs and DDs. By establishing clear rules, we can attract law students to join the ACC."
Messenger/Disha
