Show-down
LAST week, US Attorney General Eric Holder moved to dismiss several counts of corruption charges against former Alaskan Senator Ted Stevenson after discovering evidence of prosecutorial misconduct in his conviction.
Immediately after dismissal of his case, Stevens trumpeted his vindication, notwithstanding the compelling evidence of his corruption. "Just because a federal judge dismissed all charges against former Senator Stevens doesn't mean he's not a crook," said the Los Angeles Times.
Steven's case appears to be relevant vis dis-à-vis the Anti-corruption Commission (ACC) and corruption charges and convictions during the tenure of the interim government.
Just because the politicians now on bail are admonishing the ACC against their prosecutions, it doesn't exonerate them from any of the criminal violations they were charged with or convicted for. They should face the court instead of taking political cover and rebuking the ACC. Judicial recourse is the only possible way they can restore their reputation. Only the court can decide if there were any prosecutorial failings in any of the convictions, warranting dismissal of cases.
The summons issued to the ACC by the parliament standing committee (PSC) on public undertakings to testify before the committee, and the non-compliance by the ACC raises many questions since this is uncharted territory.
Does the PSC have the authority to summon a constitutional government entity? What triggered such an action by the PSC? Why is the ACC defiant? Would such an exercise of power by the PSC undercut the independence and effectiveness of the ACC? Who will want to be a member of the ACC and risk humiliation and loss of dignity?
Although, as per sections 3, 10 (3), and 24 of the ACC Act, the ACC enjoys "independence, self-governance and neutrality," but it seems strange that any government entity would be beyond accountability to the highest lawmaking body -- the parliament.
The PSC chairman warned: "If the anti-graft body doesn't appear before the committee, it'll undermine parliament. Necessary steps will be taken if they do so." We have to wait and see what those steps will be. The matter may go to the Supreme Court for a resolution if the commission is beyond the jurisdiction of the PSC.
"The committee has embarked on a motivated enquiry into the last two years' anti-corruption drive activities of the commission. Such enquiry by summoning the commissioners in person does not fit in the prevailing legal and administrative norms and protocol," said the ACC in its response to the PSC's summon.
The ACC's letter added: "Numerous derogatory and threatening remarks of the chairman of your committee in and outside the parliament and in the media towards this commission unfortunately make us apprehensive of undue pressure on the Commission connecting his conviction for corruption."
One can unarguably conclude that PSC chairman has compromised his authority by his outbursts and warnings against the ACC and HMC. Since the PSC chairman himself is a defendant against corruption charges, he has put himself in a legally unacceptable "conflict of interest." By not excluding himself from the committee, he only brought defiance from the ACC. In the process, the country's intellectual community and the public are enraged.
If the intent of summoning the ACC is to explore the budgetary and operational issues to strengthen the ACC, why not first summon the ACC chaired by Justice Sultan Hussain Khan. That would provide pertinent information on why corruption peaked during the Khaleda-Nizami era.
Of course, that won't happen because that Commission isn't relevant since no politician was charged or convicted for corruption during its tenure.
No country can be stigmatised as one of the most corrupt unless its politicians are corrupt. No corruption can take root if the politicians are honest of high moral grounding. The way the confrontation between the PSC and the ACC is evolving, nobody with any iota of self-respect and dignity would be willing to join the ACC. Maybe that's what the politicians of the country have embarked on -- intimidation and lessening of the effectiveness of the ACC.
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