Anti-Corruption Commission Act 2004: Provisions & Case Law Guide

Introduction to the Anti-Corruption Commission Act, 2004

The Anti-Corruption Commission Act, 2004, is a pivotal law in Bangladesh aimed at curbing corruption. It establishes the Anti-Corruption Commission (ACC), an independent and neutral body tasked with investigating and prosecuting corruption-related offenses. This guide breaks down the Act’s key provisions, highlights landmark case law, and explains its significance for legal professionals, policymakers, and citizens.

Key Provisions of the Act

Section 3: Independence and Neutrality of the ACC

Section 3(2) mandates that the ACC operates independently and neutrally. In Obaidul Kader vs State (63 DLR 425), the court emphasized that the ACC must exercise its discretionary powers transparently, providing opportunities for individuals to respond to inquiries under Rules 8 and 11 of the ACC Rules, 2007. Arbitrary actions without recorded reasons violate this provision.

Section 5: Composition of the Commission

Section 5 defines the “Commission” as comprising all three members. However, Section 18 allows a single member to act on behalf of the Commission, including granting prosecution sanctions, as seen in Habibur Rahman Molla vs State (61 DLR 1).

Section 9: Inclusion of Money Laundering Offenses

Although the Money Laundering Prevention Act, 2009, is not listed in the ACC Act’s schedule, Section 9 of the 2009 Act deems its offenses as scheduled under the ACC Act, 2004. This was clarified in Tarique Rahman vs Government of Bangladesh (63 DLR (AD) 18), ensuring legal proceedings remain valid.

Section 17: Investigation and Prosecution Powers

Section 17 empowers the ACC to investigate scheduled offenses, file cases, and prosecute them before Special Judges. This was reinforced in Tarique Rahman vs Government of Bangladesh (63 DLR (AD) 18), highlighting the ACC’s role in enforcing anti-corruption laws.

Section 18: Sanction and Delegation

Section 18(2) allows Commissioners to ratify actions, but only their satisfaction matters under Section 26, not that of subordinate officers. In Anti-Corruption Commission vs Dr Mohiuddin Khan Alamgir (62 DLR (AD) 290), unauthorized actions were deemed void, emphasizing strict compliance.

Section 26: Notices and Wealth Statements

Section 26 governs the issuance of notices for asset declarations. The Commission or its authorized officers (not below Deputy Director rank) must issue these notices, ensuring reasonable response time. In Anti-Corruption Commission vs Dr Mohiuddin Khan Alamgir (62 DLR (AD) 290), the court ruled that notices issued to detained individuals without fair response opportunities are invalid. Similarly, Akbar Khan vs Anti-Corruption Commission (62 DLR 20) clarified that only the ACC or an empowered Commissioner can delegate notice-issuing authority.

Section 27: Disproportionate Wealth and Abetment

Section 27 addresses offenses related to disproportionate wealth and abetment. In Rowshena Jahan vs State (63 DLR 90), the court held that accused individuals must rebut presumptions of illicit wealth during trials. However, Anti-Corruption Commission vs Shamima Begum (62 DLR (AD) 277) clarified that abetment under Section 109 of the Penal Code cannot apply to Section 26(2) or 27(1) offenses without proper evidence.

Section 32: Sanction for Prosecution

Section 32 requires a valid sanction from the ACC for prosecution. In Habibur Rahman Molla vs State (61 DLR 1), a sanction in the prescribed Form No. 3 was upheld, while Bayazid vs State (61 DLR 772) struck down a mechanical sanction. Anti-Corruption Commission vs Dr Mohiuddin Khan Alamgir (62 DLR (AD) 290) confirmed that only one sanction is needed, filed with the charge-sheet, not at the FIR stage.

Practical Implications and Case Law Insights

The Anti-Corruption Commission Act, 2004, strengthens Bangladesh’s fight against corruption by empowering the ACC to act independently and transparently. Key cases like Tarique Rahman vs Bangladesh (62 DLR 524) and Obaidul Kader vs State (63 DLR 425) highlight the importance of procedural fairness, valid sanctions, and reasonable notice periods. These rulings ensure the ACC’s actions align with legal standards, protecting individuals’ rights while combating corruption.

Consculation

Explore the Anti-Corruption Commission Act, 2004, to understand its role in promoting transparency in Bangladesh. Whether you’re a legal professional or a curious citizen, this guide offers clear insights into the Act’s provisions and real-world applications. Dive in now!

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