Corruption complaints arrive daily, but investigations and cases at a standstill

Corruption complaints are being filed every day, yet none can be accepted for investigation. No new cases are being filed, and charge sheets cannot be submitted to the courts. Key activities such as freezing assets, imposing travel bans and arresting suspects have also effectively come to a halt.

The Anti-Corruption Commission (ACC) has remained in this state of paralysis for more than three and a half months following the resignation of its chairman and two commissioners.

Several officials at the country’s principal anti-corruption agency said that almost all major activities have been suspended in the absence of a commission. Although five to six new corruption complaints are submitted every day, they cannot be accepted for investigation because commission approval is required.

Similarly, filing cases, approving investigation reports, submitting charge sheets to the courts and applying for asset seizures or travel restrictions also require the commission’s approval. However, since all three members of the commission resigned simultaneously on 3 March, none of these decisions can be taken.

Under the interim government, Abdul Momen was appointed ACC chairman on 10 December 2024. The other two commissioners were former district judge Mirza Muhammad Ali Akbar Azizi and retired Brigadier General Hafiz Ahsan Farid. They had been appointed for five-year terms but served for only one year and two months.

Under the Anti-Corruption Commission Act, 2004, new inquiries or investigation reports cannot be approved without the commission’s authorisation. As an interim measure, a proposal was made to expand the powers of the ACC secretary, and a letter was sent to the government in this regard. However, the initiative was not implemented.

Officials concerned said that some work on inquiries and investigations initiated before the commission’s resignation is continuing. However, even after files are prepared at the divisional director and director-general levels, they cannot move forward for approval in the absence of a commission. As a result, hundreds of files remain pending.

ACC Deputy Director (Public Relations) Akhtarul Islam told Prothom Alo that no new inquiries can be launched without a commission. Activities related to filing cases and approving charge sheets have also been suspended.

Although the law requires the Anti-Corruption Commission (ACC) to be reconstituted within 30 days of the commission's resignation, it does not clearly state what happens if that deadline is missed. As a result, the entire process of forming a new commission now depends on a government decision.

Sources said the process of appointing a new commission has already begun. Under the law, a five-member search committee must first be formed to appoint the commission. To this end, on 2 June, the Cabinet Division wrote to the chief justice, requesting the nomination of one judge each from the Appellate Division and the High Court Division.

An ACC source said two judges have already been nominated for the search committee, while the remaining three members will be selected shortly. The search committee will then begin its work.

Last Monday, Home Minister Salahuddin Ahmed told parliament that a search committee was being formed to appoint the ACC chair and commissioners. Describing it as an “interim arrangement”, he said discussions had begun on enacting a new law aimed at establishing a stronger ACC.

However, officials concerned believe the absence of a commission at the ACC has created a favourable environment for corrupt individuals. They told Prothom Alo that investigations and cases involving major corruption allegations from the previous Awami League government's tenure are ongoing. In such a situation, leaving the ACC without a commission for more than three and a half months could allow many corrupt individuals to evade accountability.

Former ACC Director General Moyeedul Islam told Prothom Alo that the ACC's inactivity is giving corrupt individuals an opportunity to dispose of their illicit assets. Delays also often result in the loss of evidence in cases, which defendants can exploit. If this situation continues, Bangladesh's position in global corruption perception indices could deteriorate further. He therefore called for the vacant posts to be filled without delay.

Although the process of forming a new commission has begun, there is no specific timeline for when it will be completed. As a result, questions remain over when the country’s principal anti-corruption agency will be able to resume full operations.

Ifthekharuzzaman, former head of the ACC Reform Commission and executive director of Transparency International Bangladesh (TIB), told Prothom Alo that the government itself had created the circumstances that led to the resignation of the ACC chair and commissioners. He said the government was fully aware of the legal requirement to reconstitute the commission within 30 days, yet had knowingly kept the ACC paralysed.

He added that the BNP government had taken office, but the anti-corruption stance outlined in its 31-point election manifesto now appeared to be little more than empty rhetoric. According to him, the government's commitment to fighting corruption is merely for show.

Ifthekharuzzaman said that by keeping the ACC dysfunctional, the government was effectively sending a message that the commission was inactive and that people were free to engage in corruption.

“It is tantamount to issuing a licence for corruption,” he said adding “Another message being conveyed is that corruption is a normal occurrence and that institutions to tackle it are unnecessary. He also said the government should have publicly explained why it had failed to appoint a new commission.