ACC not to sue if ill-gotten money returned!
Experts have questioned the move by the Anti Corruption Commission not to file cases against anybody who returns ill-gotten wealth.
Although there is no law or provision in the country to this end, the ACC has made this move, aiming to retrieve Tk 140 million.
Experts said that such measures will encourage the corruption.
According to ACC, under this process, it made a breakthrough by retrieving Tk 130 million from Hallmark group.
Besides, victims have got back Tk 9.83 million in 10 different cases through the mediation of ACC. In context of corruption, though, this amount is negligible.
ACC chairman Iqbal Mahmood also admits there are legal questions in this regard.
Speaking to Prothom Alo, Iqbal Mahmood said, "We will take measures based on circumstances pertaining to each case. We have to analyse the cost benefits. We have to take reality into consideration, as well as consider legality and ethics."
Executive director of Transparency International Bangladesh Ifthekharuzzaman said, "It is not acceptable either from an ethical or legal point of view. During 1/11 we opposed the idea of Truth Commission. Such a measure can't act as a prevention of corruption after the institution fails to establish justice."
Former chairman of ACC Ghulam Rahman said although not permanently, a law named 'plea bargain' can be formulated. But, still there will be questions of legality.
Nakshi Knit of Hallmark returned money in one of its three cases. Later, it decided not to return money. Two cases of Knit are underway.
On 9 November, assistant manager of Sonali Bank Subrato Kumar Das told ACC director that it had received Tk 327.50 million due such action against Nakshi Knit.
ACC lawyer Khurshid Alam Khan said although the process is questioned, ACC took a decision on Tk 130 million with Hallmark. Although it is not legal, ACC and the court gave consent on the matter. If the legality is challenged at the High Court, the decision will be cancelled.
Despite a verdict by the Appellate Division in March last, the government did not return Tk 12.32 billion collected by the intelligence agencies during the army backed caretaker government in 2007. Besides, Tk 340 million collected by the Truth Commission is lying in the government exchequer.
On condition of anonymity, an official at Bangladesh Bank (BB) said the central bank sent a letter to the government to implement a verdict on returning Tk 6.15 billion. But the central bank did not get any reply.
Speaking to Prothom Alo, lawyer of BB Ameer-ul-Islam said a review petition has been filed against the verdict on returning Tk 6.15 billion collected from 40 businessmen. Preparations are on for the hearing.
According to ACC, the anti-graft body sees some sort of success in recovering money embezzled by illegal means. The lion share of Tk 40 billion of BASIC Bank and Tk 26.86 billion of Hallmark is similar to embezzlement. Although these are loans in name, everything points to forgery.
The ACC chairman said they have recovered Tk 11.48 billion from Hallmark and BASIC Bank, not by assuring that cases against them would be withdrawn. But it is true Tk 130 million was collected from Nakshi Knit of Hallmark in 2014 on a condition that cases will not be filed against them.
ACC helps get back money
A terminated cashier of the Dhaka Power Distribution Company Limited (DPDC) returned Tk 3.3 million to the company until 6 November. He confessed his involvement in taking bribe to a director general of ACC.
A person gave Tk 5 million to a ruling Awami League member of parliament for investing in a business. But the MP simply kept the money. Later, ACC helped the victim get back Tk 2 million of the amount.
Subir Kanti, an employee of a private organisation, gave more than Tk 1 million to a real estate company for purchasing a flat. The company, however, deceived him and did not hand over the flat. Later, Subir got back Tk 3 million in just 24 hours with the help of ACC.
The office of the assistant commissioner of land (AC-Land) in Dhanmondi returned Tk 120,000 taken as a bribe for mutation of a flat as ACC intervened.
The ACC also made a private dental college in Dhaka return Tk 400,000 taken as an advance for admissions.
The anti-graft watchdog received a phone call recently claiming a Banani school was charging extra fees illegally. The headmaster of the school was made to return Tk 368,000 instantly by the ACC.
According to ACC officials, the victims want to get back their money taken forcefully and unethically, alongside trial of the accused.
When ACC Chairman Iqbal Mahmud was reminded that they are catching small fish, he told Prothom Alo, ''Commoners are affected most by small fish. But, when we'll be capable, we'll net the big fish too.''
Sole example
In past 10 years, the government managed to take back a small amount of money from a public servant through the apex court. On 6 April 2016, ATM Nazim Ullah Chowdhury escaped impriosnment by submitting Tk 684,000 to the state treasury.
Asked about poor state of restoring embezzled money, attorney general Mahbubey Alam told Prothom Alo that the corrupt try their utmost to delay, resist and derail the trial.
A special kind of prosecution team is needed to quicken the trials, he added.
Bribery in ACC
The anti-graft watchdog, ironically, had to terminate one and suspend two of its officials recently for taking bribes and indulging in corruption.
The ACC suspended one of its additional directors for amassing wealth amounting to Tk 50 million beyond the known source of income.
An investigation officer of ACC was fired as he lodged a case against one person instead of 10.
According to a report of Transparency International Bangladesh, the amount of bribe was Tk 54.4 billion in 2007 which rose to Tk 88.2 billion in 2015.
TIB executive director Iftekharuzzaman said, ''Today is International Anti-Corruption Day. The government has decided to observe the day nationally.''
''Recently ruling Awami League general secretary Obaidul Quader said if politicians don't get involved in corruption, corruption would be 50 per cent less. I can see a political will from his statement. To benefit from this, we have to avoid indulging corruption,'' he added.
*This report, originally published in Prothom Alo print edition, has been rewritten in English by Rabiul Islam and Imam Hossain.