In a significant move towards fostering a corruption-free Bangladesh, the High Court has outlined a comprehensive set of 16 recommendations directed at the National Parliament. 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. Sheikh Hasina’s administration has also been unwavering in its efforts to eradicate corruption, employing a comprehensive strategy to promote transparency and accountability in Bangladesh.
16 Landmark Recommendations of the High Court to Combat Corruption
The recommendations are;
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 submit their asset details on joining the commission after being appointed and to make the asset account compulsorily public every year on the Anti-Corruption Commission’s website.
8. To elect the Chairman of the Anti-Corruption Commission from among the retired judges of the Appellate Division of the Supreme Court of Bangladesh and the members of the Anti-Corruption Commission from among the retired judges of the High Court Division.
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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, 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/inquiry, 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 the 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 as per 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 Anti-Corruption Commission in the Senior Special Judge Court 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 the 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. To reorganize the Special Judge Court and convert it into a tribunal to enable it to dispose of cases expeditiously and to name it as ‘Anti-Corruption Tribunal’.
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 a 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, of 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 implement 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.
Government’s Measures to Combat Corruption
Sheikh Hasina’s government has been relentless in its pursuit of eliminating corruption, implementing a multifaceted approach to ensure transparency and accountability in Bangladesh. Such as;
Digitalization and E-Governance: To promote transparency and accountability, the government has also embraced technology in governance.
For that, the government has also taken significant steps to digitize public services, reducing opportunities for bribery and ensuring a more efficient and transparent system. Through initiatives like the “Digital Bangladesh” campaign, various services, including tax payments and land registration, have been moved online, minimizing direct contact between citizens and officials. This helps in minimizing human intervention and increasing transparency.
Public Awareness Campaigns: Sheikh Hasina emphasized on public awareness in the fight against corruption. The government has conducted awareness campaigns to educate the public about the harmful effects of corruption and to encourage citizens to report corrupt practices.
For example, we also see public awareness ads on TV in this regard, “say no to corruption”.
Judicial Reforms: Efforts have been made to reform the judiciary and legal system to ensure fair and efficient handling of corruption cases. This includes increasing the number of judges and improving the overall judicial infrastructure.
Strengthening Institutions: The government has worked on strengthening various institutions involved in preventing and combating corruption. This includes providing training and resources to law enforcement agencies and other relevant bodies.
Strict enforcement of anti-corruption laws and collaboration with international organizations to exchange information and best practices have also been integral to the government’s strategy.
The National Shuddachar Strategy has been formulated and adopted as a national strategy document for establishing good governance through achieving character integrity and curbing corruption. The Prevention of Money Laundering Act, 2012, and The Competition Act, 2012 are also the steps in this regard.
Through this proactive move, government is demonstrating its commitment to eradicating corruption and building an environment of good governance in Bangladesh.