Convicts cannot contest any polls until proven innocent in appeal; suspected corrupt have to report wealth within 72 hours or face property confiscation
Julfikar Ali Manik
and Shamim Ashraf
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The government has barred corrupt people from participating in any parliamentary or local government election by amending the rules of Emergency Power Ordinance (EPO).Any person, convicted of corruption by a trial court, will be disqualified from contesting in any election until adjudication of his or her appeal against the verdict and no convicted person will ever be able to hold any job related to the government, according to the amendments to the rules.
The amendments also dictate that if a person is identified by the authorities as possessing or occupying properties which does not conform to his or her legal source of income, the government can order the person to submit a wealth statement to the authorities in person. If he or she does not do so or deliberately avoids contact with the authorities for more than 72 hours after notification, the government can confiscate his or her moveable and immovable properties by obtaining a magistrate's order.
The government can sell such confiscated properties through open auctions with court's approval and will submit the earned money to the public exchequer.
The caretaker government promulgated the rules of EPO on January 25. The amendments were brought to some of the clauses of EPO bringing a new dimension to it.
The amendments that came in the form of a gazette notification of the home ministry on Tuesday night also issued some specific instructions regarding trials of corruption cases which even the Supreme Court (SC) and High Court (HC) will have to follow.
According to the amended rules, the HC cannot stay a lower court verdict on corruption cases or release on bail such a convicted person until the adjudication of his or her appeal.
The amendments will only be applicable in cases filed under the rules of EPO.
The rules also lay out a host of stringent measures against persons accused of corruption and misuse of power.
Presently if someone is convicted of corruption at a lower court, he or she can participate in elections by filing an appeal with a higher court or even by obtaining a stay order on the lower court verdict.
"A person shall be disqualified for election as, or for being, a member of parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years unless a period of five years has elapsed since his release," says the constitution.
The amended rules dictate that a higher court must adjudicate any appeal against a lower court verdict on a corruption case within 90 days of filing.
Presently a special judge's court handles corruption cases. If anyone is convicted, he or she can file an appeal against the conviction with the HC and the appeal can move up to the SC. The process can continue for years. The amended rules now put a time limit for the HC and SC for adjudication of such cases.
The amended rules say till an appeal is adjudicated, all kinds of properties, cash and other assets under a convicted person's name or under someone else's name on behalf of the convicted, should remain frozen or confiscated.
The rules categorically point out that if a person is convicted in a case filed under the rules and if an appeal petition is filed against that conviction, that person will be considered as disqualified from participating in any election ranging from the national parliament election to local government polls.
When a person convicted of corruption will complete serving his or her term of punishment, he or she will be considered disqualified from holding any post in the government, semi-government organisations, statutory bodies, or in any organisation that has government affiliation.
If a person is accused of or arrested for getting financial benefits from a government, semi-government, or an autonomous organisation through misuse of power or corruption -- a magistrate can order to freeze or confiscate his or her properties, following a written appeal from the government, during the hearing or before the start of the hearing of the case.
If the authorities find reasons to believe that a suspect might liquidate or handover his or her properties or assets with an ill-motive before filing of charges or cases, the authorities will be able to confiscate or freeze the assets of the person with permission from a magistrate. Such properties and assets will remain frozen or confiscated until the case is adjudicated.
According to the amended rules, the government will appoint an administrator, with permission of a court, to keep functional the confiscated factories, industries, banks or any commercial organisation of a corruption suspect.
The order of freezing or confiscating the properties of any suspect will become automatically invalidated if no case is filed against the person within 90 days of freezing or confiscation.
The investigation officer will have to complete the probe into the allegations against the detained or arrested person within 30 days of being delegated. If the investigator fails to do so, he or she may extend the investigation 30 more days in two phases with permission.
If the investigation officer fails to complete the investigation within the extended period, departmental actions will be taken against the officer or the persons assisting the officer as per the service rules.
If a person ordered to submit any written statement or information under the rules, fails to do so or submits written or other form of information the authenticity of which could be questioned, he or she can be imprisoned for up to five years or for a minimum of three years, or can be fined, or both, the properties of such a person can also be confiscated by the government in addition to the above punishment.