Cabinet approves ICT Act amendments, scraps quick power rental law

The Council of Advisers on Wednesday approved the draft of an ordinance to amend the existing ICT Act to make it more transparent and an international standard.

According to the amended provisions, members of the disciplinary forces, intelligence agencies, and auxiliary forces can be tried for their crimes against humanity, said law adviser Asif Nazrul while briefing the press.

He was flanked by adviser Mahfuj Alam, labour adviser Asif Mahmud and press secretary to the Chief Advisor Shafiqul Alam.

However, the Council of Advisors did not approve a provision of the ordinance, which proposed that the ICT may recommend banning an organisation or party for crimes against humanity. They said that it will create undue controversy, he said, adding that there are other laws, including the Antiterrorism Act and RPO, through which an organisation or party can be banned.

Regarding the amendment, he said that the definition of the crime adamantly is revised in line with the Rome Statute and the entire act is modified to ensure transparency and due process.

The ICT Act, enacted by the previous government, was under severe criticism at home and abroad as it lacks provisions for a fair trial, he said, adding that the amendment was made to ensure a fair trial and to ensure the rights of the accused.

The accused will have equal rights during prosecution, and they can appoint foreign counsels.

It will also ensure all-out access of local or foreign observers in the trial proceedings, the adviser stated.

Responding to a question, the adviser said that death sentences are part of the legal culture of the country and the government has no plan to scrap them.

Adviser Asif Mahmud said former head of the Special Branch Baharul Alam has been appointed as the new Inspector General of Police, and Sheikh Sazzad Hossain has been named the new Commissioner of the DMP.

Further changes in the administration will be made to ensure good governance, he added.

Adviser Mahfuj Alam said that the present government is very receptive of the demands raised by different sections of people.

He urged the students to place their demands through the proper channel.

Meanwhile, the Council of Advisers also approved the draft of an ordinance to repeal a special act enacted by the previous Awami League government to procure power and energy from the private sector without tender.

The act, titled ‘Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010”, allowed power purchases from suppliers bypassing the rules of the Public Procurement Act (PPA) and the Public Procurement Rules (PPR).

The act was passed with an aim to ensure uninterrupted power supply to different parts of the country at any cost, and it opened up a floodgate of corruption, resulting in huge losses for the government. The cost of power and energy went up, and the consumers had to pay the expenses.

According to experts, the act forced the government to adopt inefficient methods for producing and supplying energy and put additional pressure on customers.

The tenure of the special provisions of the law, enacted in 2010, was extended several times. For the last time in September 2021, the cabinet cleared a proposal for the extension of the act for another five years until 2026.

The cabinet also approved the draft of another ordinance aimed at amending the ICT Act to make it more compliant with international practices.

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