The Anti-Corruption Commission is set to get power to file graft cases without any preliminary enquiry in some circumstances and arrest public servants without prior government approval.
The anti-graft agency will also get authority to probe corruption allegations against foreign nationals residing in Bangladesh.
The draft Anti-Corruption Commission (Amendment) Ordinance 2025 incorporating new provisions was approved in principle by the council of advisers at a meeting with interim government chief adviser Muhammad Yunus in the chair on October 23.
The amendment is aimed at strengthening the anti-graft agency鈥檚 authority and operational scope, according to ACC officials.
It proposes an amendment to section 20 of the Anti-Corruption Act 2004, allowing the commission to file a case based on specific written information received from an identifiable individual, with approval from the ACC headquarters.
The draft amendment also empowers the commission to initiate a case if it receives evidence of an offence established through any judicial order, administrative communication, or inquiry by a government or statutory body, eliminating the need for verification or preliminary investigation by the commission.
It proposes abolishing section 32 (Ka) of the 2004 Act, thereby removing the requirement for prior government permission before prosecuting or arresting judges, magistrates and public servants for corruption offences.
Amending section 2, the draft defines 鈥榢nown income鈥� as lawful income, while a new clause in section 4 allows the government to establish more than one special judge鈥檚 court in each district where the ACC operates to expedite corruption trials.
The draft also expands the ACC鈥檚 jurisdiction to include foreign nationals residing in Bangladesh who are involved in corruption-related offences.
Under the proposed section 5, the commission will continue to consist of three commissioners, but it must include at least one female commissioner.
The tenure of commissioners has been proposed to be reduced from five years to four.
A seven-member selection committee headed by the senior-most judge of the Appellate Division will recommend names for appointing the commissioners.聽 The other members of the committee will include a female judge nominated by the chief justice, the comptroller and auditor general, the chairperson of the Public Service Commission or Judicial Service Commission, two lawmakers 鈥� one from the ruling party and one from the opposition 鈥� nominated by the Speaker, and an anti-corruption or governance expert with at least 15 years of experience nominated by the president.
The committee will select candidates through a public notice, conduct interviews, and forward six shortlisted names to the president, who will appoint the chairperson and two commissioners.
The draft also amends section 20(1), extending the investigation deadline by an additional 60 days, beyond the existing 120 days, if justified by logical cause.
It introduces a provision for 鈥榰ndercover inquiry,鈥� allowing ACC-assigned personnel to collect evidence and uncover corruption without disclosing their identities.
However, the draft proposes abolishing section 21 of the existing law, which empowered the ACC to arrest anyone over information of movable and immovable assets through court order.
ACC reform commission chief Iftekharuzzaman, also executive director of the Transparency International Bangladesh, a corruption watchdog, on Monday told 抖阴精品 that the draft ordinance appeared to be an improved version of the existing law.
鈥楬owever, some of the strategically important recommendations made by the ACC Reform Commission have been carefully ignored.鈥�
鈥楨specially, the recommendation for creation of the 鈥淪election and Review Committee鈥� intended to ensure transparency in selection process of the commission and its accountability has been excluded.鈥�
With regard to selection of the commissioners, the government has dropped the provision to disclose names of shortlisted candidates for public information whereas it has also altogether dropped the provision of reviewing the performance of the ACC on a half-yearly basis, Iftekharuzzaman said.
He said that the provision to increase the number of commissioners from three to five had also been ignored.
鈥楾hese are among the recommendations that have gained consent of nearly 100 per cent political parties. The government has arbitrarily rejected those just because apparently some quarters in the government have different views.鈥�
鈥楾his is a frustrating and anti-reform precedent created by a government that would like to be known as reformist for which it formed reform commissions and wanted national consensus on reform proposals to meet the aspirations of the July uprising,鈥� he added.
After the approval of the draft ordinance in principle, law adviser Asif Nazrul at a press briefing said that the draft ordinance introduced several new definitions and mechanism to strengthen the ACC鈥檚 capacity.
He expressed hope that the amendments would enhance transparency, accountability and efficiency in the commission鈥檚 operations but stressed the need for reinforcing internal accountability before finalising the ordinance.
Earlier, in October 2024, the interim government formed the ACC Reform Commission, which submitted its recommendations to the chief adviser on January 15.
