The Anti-Corruption Commission will file cases on any day next week against persons involved in the corruption conspiracy in the Padma Multipurpose Bridge project, according to highly placed source in the ACC.
“The Commission is now thinking about as to how it will deal with the matter under which law,” said the source.ACC Commissioner Md Shahabuddin also said that the commission has to consider all the aspects and legal matters very carefully.
“It is an uncommon offence not only in Bangladesh but also in the sub-continent,” he said adding, “How this allegation can be dealt with?. This is main question now.”
The ACC Commissioner however said that the Commission is bound to file a First Information Report (FIR) against the persons involved in the conspiracy though it may take some time.
Meanwhile, ACC sources said the enquiry team in its report explained the involvement of the accused persons and recommended filing of cases.
The report unveiled the truth of the allegation and the enquiry team describes it as corruption conspiracy as no bribe money was transacted.
The report also found that some cent money amounting to Tk 38 crore was offered to six persons including former communication minister Syed Abul Hossain as bribe to win the work order in favour of SNC Lavalin as the consultancy firm for the Padma Multipurpose Bridge project.
The Canadian firm was also taken at the top position from its second position after evaluation of the tender works that created the complication.
The allegation went to the World Bank, the global lender, secretly and that’s the SNC Lavalin didn’t receive the work order finally.
The ACC also unveiled the truth of the allegation during its enquiry. Since no bribe money was transacted, the ACC describes it as corruption conspiracy.
The Commission got involvement of 10 persons with the transaction of bribe money.
After carrying out enquiry for about one year, the four-member enquiry team headed by ACC deputy director Mir Joyanl Abedin Shibly on Tuesday submitted the draft report before the commission.
The other members of the team are: ACC deputy directors Abduallah Al Zahid, Golam Shahriar and Mirza Zahidul Alam.
The draft gave a description of corruption conspiracy in the Padma bridge project.
Both the World bank and the ACC unearthed the believable evidence into the corruption conspiracy in the Padma bridge.
According to the report, three officials of the SNC Lavalin Inc. Romesh Shah, Mohammad Ismail and Kelvin Wallace met the former communications minister to get the work order. Their attitudes were aggressive.
The Commission got the information during quizzing the officials of Engineering and Planning Consultant Company Ltd, the local agent of the SNC Lavalin Inc.
The report mentioned that the WB provided information to Canadian Royal Mounted Police about the appointment of SNC Lavalin as a consultancy firm for the Padma bridge and activities of some influential persons of Bangladesh in this regard.
Acting on the tiff off, the Royal Mounted Police conducted a sudden raid to the head office of the SNC Lavalin and recovered a diary written by Romesh Shaha. In the diary names of some Bangladeshi people were written using indication like ‘Min’ for minister, Sec for secretary and PD for project director.
According to the information written in the dairy, the SNC Lavalin has to pay 10 per cent money to those people as bribe to get the work. The amount of the 10 per cent of the tender money is Tk 38 crore only.
The Canadian Royal Mounted Police arrested Romehs Shah on the basis of the clue. The RMP also arrested Mohammad Islamil and brought allegation against them of conspiring to provide bribe to the concerned Bangladeshi people.
The draft report mentioned that the name of former communications minister Syed Abul Hossain was mentioned in the diary of Romesh Shah and he as the concerned minister cannot avoid the responsibility of the corruption conspiracy. The WB also brought written allegation against him.
The report however mentioned that none of the people who were quizzed in connection with the corruption allegation mentioned the name of the former minister but some of them indirectly hinted him involvement
It also recommends collecting strong evidence to implicate the former minister in the case relating to the Padma bridge scam.
Regarding the involvement of former state minister for foreign affairs, the report said despite he wasn’t anyone of the bridge authorities he used to got there regularly.
Abul Hasain Chowdhury even introduced the SNC Lavalin people with the former communications minister and lobbied for them so that they get the work. But there is no documentary evidence against him and his name was also mentioned in the diary of Romesh Shah.
About the involvements of Nixon Chowdhury, brother of whip Noor-e-Alam Chowdhury, the report said he used to go to the Bridge Authorities for lobbying in favour of the SNC Lavaln. His name was mentioned in the dairy of Romesh Shah.
Besides, Nixon Chowdhury managed to get a Candian visa showing an invitation from SNC official Mohammad Ismail.
Regarding the role of former secretary of bridge division Mosharraf Hossain Bhuiyan, the report said he was lawfully responsible to form and reform the evaluation committee for four time and he worked for the SNC Lavalin. His name was also mentioned in the diary of Romesh Shah.
At least four witnesses including former project director Rafiqul Islam strongly said that the SNC Lavalin was not a proper firm to get the work for the Padma bridge but the evaluation committee was reformed again and again to give work order in favour of SNC Lavalin.
The report revealed that the latest evaluation committee headed by Prof Jamilur Reza Chowdury wasn’t provide proper information.
However, Kazi Ferdous, the member secretary of the evaluation committee allegedly informed the concerned persons about the activities of the committee and he was involved in giving the work ordr to SNC Lavalin. He also mislead the evaluation committee chief about the Halcro that obtained the first position.
Besides, the report accused Reaz Jaber, the executive director of roads and highways of involving to protect the interest of the SNC Lavalin.
About Golam Mostafa, the deputy managing director of the EPC, the local agent of SNC Lavalin, the report said he has taken the SNC Lavalin officials to minister and the secretary.
Mostafa in his written statement told the ACC that Mohammad Ismail of SNC Lavalin along with Nixon Chowdhury met the former communications minister for several times.
Mohammad Ismail was entrusted the responsibility to get the work at any cost but he was replaced by Romesh Shah as the company got less number by the evaluation committee.
After arrival in Dhaka, Romesh Shah took help from the state minister for foreign affairs to meet with the former communications minister. The managing director of the EPC Ziaul Haque is a relation of the former state minister for foreign affairs.
Romesh Shah met the former communications Syed Abul Hossain at Setu Bhaban. Former secretary of bridge division Mosharraf Hossain Bhuiyan, among others, was present during the meeting.
About the three officials of the SNC Lavalin, the report said they tried to win the work offering them financial facilities and meeting with minister secretary and other influential officials
The report said the verdict of Canadian court may be placed when the trial into the Padma bridge scam launches.
The report recommended dropping the name of Prime Minister’s adviser for economic affairs Dr Mashiur Rahman as he wasn’t informed about formation of evaluation committee for four times. Besides, he joined the project as integrity adviser one year after starting the tender process. It recommended making him as a witness.
The report also recommended dropping the name of project director Rafiqul Islam as he has given many information as to how the former secretary of bridge division was active to provide the work in favour of SNC Lavalin by removing the Halcrow company. He will be made as a witness.
The ACC law no definition of corruption conspiracy. The report mentioned only sections 120 and 511 of the constitution can be applied for the trial of such type of offence. Section 120 of the code of criminal procedure mentioned criminal conspiracy.
However there is a debate whether it would be applied for criminal conspiracy or corruption conspiracy. It provides highest punishment of three years in jail.
Regarding the section of possible case, the report recommended applying section 120 (Kha) of CrPC, 511 for taking the initiative for corruption, section 5 (2) in accordance with the anti-corruption law-1947 and section 109 for occurring offence in connivance with each other.
(Azad Rafiq)
