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LATEST NEWS UPDATES | GoM works on quick trials by Sanjay K Jha

GoM works on quick trials by Sanjay K Jha

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published Published on Jan 22, 2011   modified Modified on Jan 22, 2011

The Group of Ministers tasked to suggest ways to curb corruption in public life is weighing a constitutional amendment to fast-track the trials of officials indicted for graft.

Sources said changes could be incorporated in Article 311 of the Constitution (dealing with dismissal, removal or demotion of government officials) to provide for summary proceedings in cases of grave misdemeanour or blatant corruption.

Also under consideration are amendments to the Prevention of Corruption Act and certain provisions of the Criminal Procedure Code. But the GoM is unlikely to recommend a timeframe for completion of trials, as first suggested, because courts cannot be set deadlines.

One issue before the ministers is whether the Prevention of Corruption Act should be amended to provide for confiscation of public servants’ ill-gotten assets, or whether the Prevention of Money Laundering Act 2002, which has this provision, would suffice.

They are considering recommending more funds to the states to establish special courts to try Prevention of Corruption Act cases investigated by the CBI. The government had suggested 54 such courts over two years ago but only eight are operational, with the states citing lack of money.

The GoM is also weighing a proposal to set up an independent committee to review the 2,400-odd corruption cases against public servants that have been pending trial for more than 10 years despite the CBI having completed investigations. A retired Supreme Court judge could head the committee, which may include a retired Central Vigilance Commissioner, a former CBI director and a citizen of impeccable reputation.

The GoM might recommend scrapping the discretionary powers of ministers. It’s also working out ways to ensure full transparency in public procurement and bring in a uniform, open and competitive process for exploiting natural resources.

It also faces the mammoth task of helping the states clean up their act. A secret government note handed to the GoM, which it studied at its meeting yesterday, says only 17 states have set up the anti-corruption ombudsman lokayukta. The functioning of the state vigilance commissions has been poor too, it says.

The ministers have studied the draft for an anti-corruption legislation suggested by the IC Centre for Governance, an NGO run by former judges and former bureaucrats.

Another document, presented by India Against Corruption, which has eminent civil society representatives as members, too was considered at yesterday’s meeting.

This document compares the proposed Lokpal Bill with anti-corruption mechanisms in other countries. It suggests an independent anti-corruption agency with full powers to punish --- a power denied to the Central Vigilance Commission, Comptroller and Auditor General and the CBI.

The Telegraph, 23 January, 2011, http://www.telegraphindia.com/1110123/jsp/nation/story_13481587.jsp


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