ACC goes after ministers, MPs while avoiding bureaucrats

Highlights

• ACC to investigate corruption allegations against 95 individuals
• 81 of them are former ministers and MPs from the Awami League  
• Only two high-ranking bureaucrats under investigation
• Key ACC positions held by public administration officials
• Calls for reform to reduce bureaucratic control over ACC operations
• Interim govt formed a committee to reform the ACC

While the Anti-Corruption Commission (ACC) has decided to investigate corruption allegations against 95 influential individuals, including 81 former Awami League ministers and MPs, following the fall of the Hasina government on 5 August in the face of a mass uprising, only two of those individuals are high-ranking bureaucrats.

This raises questions about potential bias within the ACC, especially given the numerous allegations of corruption against bureaucrats during the AL government, yet the anti-graft watchdog has remained unusually silent on this issue.

Experts say the ACC is less active in investigating corruption among bureaucrats compared to its focus on politicians.

They added that public administration officials hold key positions within the ACC, which has led to longstanding complaints about the commission's failure to address corruption involving bureaucrats and former bureaucrats.

Former ACC Director General Maidul Islam told TBS that the commission is highly dependent on bureaucrats.

"Specifically, officers from the administration cadre are often appointed to senior roles on deputation. These officials have significant influence over which allegations are investigated," he said.

He added, "Due to its [ACC] heavy reliance on the bureaucracy, there are concerns about possible nepotism and impartiality," he added.

According to ACC sources, since 15 August, decisions have been made to investigate corruption allegations against 45 former MPs and 36 former ministers, including the former home minister, finance minister, and law minister.

Investigations are also underway against prominent figures such as former army chief General Aziz Ahmed, former DMP commissioner Asaduzzaman Mia, former DB chief Harun Or Rashid, and former NSI DG TM Jobaer.

However, during the period, only two bureaucrats have come under the ACC investigation – former cabinet secretary Kabir Bin Anwar and former senior secretary of the Ministry of Disaster Management and Relief Shah Kamal.

Regarding reforming the ACC, Maidul Islam said as the interim government has formed a commission for ACC reform, it is crucial to address the issue of bureaucratic influence.

He suggested that the commission should consider including individuals with expertise in litigation, banking, the National Board of Revenue (NBR), and the financial sector in its recruitment process.

Iftekharuzzaman, executive director of the Transparency International Bangladesh (TIB) and head of the newly formed committee for ACC reform, told TBS, "The ACC is not only influenced by political leaders but is also held hostage by bureaucracy. The majority of those overseeing ACC operations are bureaucrats."

He added, "They often shield bureaucrats due to professional loyalty or a lack of initiative in addressing corruption within their ranks."

Bureaucrats in 58% policy making posts

According to ACC sources, two of the three members of the ACC commission, including the chairman, are retired senior public administration secretaries. The ACC Secretary also hails from public administration.

Similarly, public administration officers hold key roles in the ACC's organisational structure, including the director general positions for administration, investigation-1, investigation-2, and the money laundering division. In total, former and current bureaucrats occupy seven of the 12 top positions within the ACC.

According to the ACC Act, any person with at least 20 years of experience in law, education, administration, judiciary, or law enforcement is eligible to become a commissioner. However, since 2009, all ACC chairmen have come from public administration, and the number of commissioners from this sector remains high.

Since its establishment in 2004, the ACC has had six commissions. The first chairman was Justice Sultan Hossain Khan. Former army chief Hasan Mashhud Uddin Chowdhury served as chairman during the caretaker government in 2007. Since 2009, all four subsequent commissions have been led by senior retired officials from public administration.

The same pattern applies to the appointment of the ACC secretary. According to Section 16 of the ACC Act, the secretary should be appointed by the commission itself. However, all secretaries appointed to the ACC so far have been selected by the government.

Currently, the ACC has 37 directors – 24 from within the ACC and 13 from public administration on deputation. Typically, 19 directors are appointed from the ACC and 18 from public administration, a long-standing but unwritten practice, according to ACC officials.

Following the recent student-led mass uprising, nine ACC officials, who had previously been overlooked, were promoted to director, increasing the number of internal ACC directors to 24.

Although the ACC Staff Service Rules 2008 outline four methods for filling vacant posts – direct recruitment, promotion, deputation, and contractual recruitment – the commission primarily relies on deputation for appointments to key positions.

ACC officials say when the commission was first formed, there were no experienced officers within the ACC, so directors were brought in on deputation from public administration. However, despite the presence of experienced ACC officers at present, directors are still being appointed through deputation rather than direct recruitment or promotion.

Former ACC director Nasim Anwar said, "If there are no qualified individuals, deputation can be justified. But now, with many qualified people within the ACC, I believe 100% of recruitment should come from within the commission."
Scrutiny committee dismisses majority of complaints

According to ACC officials, the scrutiny committee reviews complaints submitted to the ACC and recommends which cases should proceed to investigation. Of the three members on this committee, two come from public administration.

ACC insiders allege that complaints against bureaucrats are often dismissed by this committee.

A senior ACC official, speaking anonymously to TBS, revealed that the ACC receives an average of 40-50 complaints daily, many of which involve allegations of corruption, embezzlement, money laundering, and illicit wealth acquisition by government officials.

"Many complaints are dismissed during the selection process, and numerous others are not authorised for investigation. Only about 4%-5% of cases make it through to inquiry by the scrutiny committee," the officer said.

Nasim Anwar, former ACC director, pointed out that high-ranking bureaucrats and secretaries are often complicit in ministry-related corruption, yet the ACC focuses primarily on investigating political leaders while overlooking bureaucrats.

According to ACC sources, 15,437 complaints were filed last year, but only 845 were accepted for investigation. In the first six months of this year, out of 5,300 complaints, just 363 were accepted.

Previously, there were three committees responsible for reviewing complaints submitted to the ACC. However, under the leadership of former ACC Chairman Iqbal Mahmood, these were consolidated into a single scrutiny committee.

ACC officials say reducing the number of committees was a move to exert control over the commission.

TBS tried to contact ACC Secretary Khorsheda Yasmeen for a comment but was unable to reach her by phone.