Anti-graft agency lacks power to probe former CJ: experts

Legal experts in Bangladesh yesterday expressed reservations over the powers of Anti-Corruption Commission (ACC) to inquire into alleged corruption charges levelled against immediate-past chief justice (CJ) Surendra Kumar Sinha after Law Minister Anisul Huq told newsmen that the ACC would probe the charges.Incidentally, with the 16th constitutional amendment struck down unanimously by the six-member full bench of the Supreme Court (SC), the Supreme Judicial Council (SJC), comprising three senior-most judges of the apex court, has been revived.“Unless the SJC is again declared null and void by the present five-member bench, there is no authority in Bangladesh to examine the charges against Justice Sinha,” said Moudud Ahmed, a senior lawyer.Only SJC can examine graft charges against judges and recommend punitive action to the president who is the appointing authority, he added.Interestingly enough, no single charge against Sinha has been verified.Attorney General Mahbubey Alam yesterday said the resignation of Chief Justice Surendra Kumar Sinha has caused no constitutional void in the country. “The CJ’s resignation will not leave any effect on the country’s judiciary.” On October 3, the chief justice went on leave for one month on health ground and later extended the duration of the leave for another 10 days. He later went to Australia.The government on October 2 gave Justice Abdul Wahhab Miah, the senior most judge, the responsibility to act as chief justice during the leave of Justice Sinha.The Supreme Court on October 14 issued a notification, saying the judges of the SC earlier that month decided not to sit at the bench with Chief Justice Sinha against the backdrop of a series of graft and other “grave” charges brought to their notice by the president. Transparency International, Bangladesh (TIB) said the Anti-Corruption Commission cannot work independently against influential people. Ifekhar Uzzman, executive director, TIB, said, “This cannot be said the ACC is working against influential suspects independently, particularly those who are involved in scams.” TIB chief said the anti-graft agency must take steps against influential suspects and prove that it is conducting probe into the allegations independently. The ACC has legal instruments and power to act independently, he said, but it fails to do so for lack a strong and visionary leadership.  Replying to a question about internal corruption of the ACC, Iftekhar said officials of the then Bureau of Anti-Corruption were involved in corruption and later, removing the bureau, the ACC was formed as per the Anti-Corruption Commission Act 2004 aiming to make it free from corruption.“But, the bureau officials were included in the commission and that’s why the problem still remains there in the commission ... we often get direct or indirect allegations that the ACC officials are involved in corruption as well,” he said.