Indemnity recommended for Petrobangla officials from legal proceedings

A recommendation has been made to a parliamentary standing committee that a martial-law era provision be brought back for shielding Petrobangla officials from legal proceedings for "acting in good faith".

Additional Attorney General Mohammad Mehedi Hasan Chowdhury has opined for inclusion of the indemnity clause to Bangladesh Oil, Gas and Mineral Corporation Bill-2022, placed in parliament in June and now under scrutiny. 

"No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman or any other Director or any officer or employee of the Corporation for anything which is in good faith done or intended to be done under this Ordinance," reads clause 21 of the ordinance, repealed in 2013.

Mehedi is among the legal experts whose opinions have been sought by the parliamentary committee on power, energy and mineral resources ministry, which is now scrutinising the bill.

In favour of the clause, the additional attorney general said if any official, who performs duties in the interest of Petrobangla, gets "immunity or indemnity", he will do his job freely and without fear.

His proposal, placed on August 4, was on the agenda of the meeting of the House committee yesterday. But no decision was made on this.

Contacted, Waseqa Ayesha Khan, the chairman of the parliamentary standing committee, said, "I didn't get any such proposal."

When she was informed that it was in the working paper of yesterday's meeting, she said, "So many things were included in the working paper but those are not decisions. We didn't take any decision in this regard."

The committee's recommendations will be placed soon, she added.

On June 5, State Minister for Power, Energy and Mineral Resources Nasrul Hamid placed the bill in parliament and it was then sent to the House committee.

According to the bill, it was prepared as the 15th amendment of the Constitution repealed all the proclamations, proclamation orders, chief martial law administrator's orders, martial law regulations, martial law orders, martial law instructions, ordinances and other laws made after seventh amendment between March 24, 1982 and November 11, 1986.

Asked about the clause, Prof Shamsul Alam, vice president of Consumers Association of Bangladesh, said keeping such a provision for indemnity creates an opportunity for reckless behaviors of officials.

"We have examples where thanks to such kinds of provisions, government officials became corrupt and were encouraged to break the laws instead of protecting public assets. That's why the government should not keep such provisions in any laws."