ACC won’t need approval to sue govt officials

Published : Tuesday, 28 October, 2025 at 1:27 PM Count : 92

The Anti-Corruption Commission will no longer require government approval to file cases against judges and public servants, according to the draft ACC Ordinance 2025.

Approved in principle by the advisory council on Thursday, the draft seeks to repeal section 32 (Ka) of the ACC Act-2004, which mandated compliance with section 197 of the Code of Criminal Procedure (CrPC) before initiating legal proceedings against such officials.

Section 197 of the CrPC stipulates that no court can take cognisance of an offence alleged against a judge or government official without prior government approval.

The proposed ordinance reflects recommendations made by the ACC Reform Commission in its report, which suggested abolishing the section and was submitted to Chief Adviser Prof Muhammad Yunus on January 15.

It noted that section 32 (Ka), inserted into the ACC act through an amendment in 2013 by the then Hasina administration despite objections by a parliamentary body, was "discriminatory" and undermined the commission's independence. The High Court declared the section unconstitutional in 2014 and ordered its repeal.

Anti-corruption campaigners have long called for scrapping the provision, arguing that it curtailed the ACC's authority and autonomy.

Welcoming the draft ordinance, Moydul Islam, a former director general of the ACC, said, "It is commendable if the government decides to repeal section 32 (Ka)."

He pointed out, however, that the section had remained ineffective since the HC verdict, though it continued to exist as a formal provision in the law.

The draft ordinance also proposes structural reforms in the ACC, with the tenure of commissioners reduced from five to four years. At least one of the three commissioners must be a woman, it said.

To form the commission, the selection committee will be expanded from five to seven members, led by the senior-most judge of the Appellate Division.

Other members 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; one lawmaker each from the ruling and opposition parties nominated by the Speaker; and a governance or anti-corruption expert with at least 15 years of experience and nominated by the president.

In the event of parliament's dissolution, lawmakers will be excluded from the selection committee, said the draft.

The committee will issue public notices inviting applications and nominations, requiring asset declarations and CVs. It may also proactively seek out qualified candidates and interview those interested in becoming commissioners.

To qualify, candidates must have at least 20 years of experience in law, education, administration, judiciary, auditing, law enforcement, financial institutions, or anti-corruption work. Disqualifications include permanent residency or citizenship in another country or unauthorised foreign investments, the draft added.

Contacted by this newspaper, Iftekharuzzaman, head of the ACC Reform Commission, said the draft ordinance is an improved version of the existing law. "However, some strategically important recommendations made by the ACC Reform Commission have been carefully omitted."

For example, he said the reform commission had recommended the creation of a "Selection and Review Committee" to ensure transparency in the selection process of commissioners and accountability of the commission.

He added that the government dropped the provision requiring disclosure of the names of shortlisted candidates for public information.

"They've also dropped the provision of reviewing the performance of the ACC on a half-yearly basis to ensure accountability.

"The proposal to increase the number of commissioners from three to five has also been ignored," said Iftekharuzzaman, also the executive director of Transparency International Bangladesh.

He added that these dropped recommendations had gained support from almost all political parties. "The government arbitrarily rejected the recommendations because some quarters within it hold different views.

"This is a frustrating and anti-reform precedent created by a government that wants to be known as reformist, for which it formed reform commissions and sought national consensus on reform proposals."

The draft ordinance also proposes the establishment of special judge courts in every district where the ACC has offices.

These courts will be set up immediately after the ACC establishes its offices. District offices will be empowered to conduct preliminary scrutiny of complaints, which, once vetted by any ACC office -- district, divisional, or headquarters -- will not require re-evaluation.

The ordinance expands the ACC's jurisdiction to include corruption involving Bangladeshi citizens abroad, as well as foreign nationals residing in the country. It defines "known income" as lawful income and broadens the commission's powers to include case filing, investigation, and inquiry.

FP/MI