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LATEST NEWS UPDATES | Lokpal may get free hand to go after babus by Himanshi Dhawan

Lokpal may get free hand to go after babus by Himanshi Dhawan

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published Published on May 8, 2011   modified Modified on May 8, 2011
The joint drafting committee on the Lokpal bill made some headway on Saturday on contentious procedures for sanction for prosecution of public servants. A broad consensus emerged over the need to review existing laws that have been criticized for shielding corrupt officials.

Civil society sources on the panel said the proposed Lokpal may not require permission for prosecution while investigating offenses with amendments being considered to section 19 of the prevention of corruption Act, 197, of the code of criminal procedure and the Delhi police establishment Act section 6A.

The Delhi police establishment Act governs the CBI and the agency cannot prosecute an official in a corruption case without prior sanction from the Central government.

These three laws legislations deal with officials and an investigating authority needs to seek permission from the Central or state governments before initiating prosecution after an investigation establishes an anti-corruption case.

On sanctions for judiciary, the committee – comprising five civil society and an equal number of senior ministers – decided more discussion is needed. While there might some agreement on prosecution of officials, sanctions for elected representatives is likely to raise hackles of the political class. As of now, the presiding officer of the house to which an MLA, MLC or MP belongs needs to grant sanction.

Civil society members argued that prosecution of a member of the judiciary should not be dependent on permission of the concerned chief justice. Their version of the proposed Lokpal bill has suggested that sanction be considered by a seven-member bench of the anti-corruption ombudsman. The issue is likely to be discussed further during the panel's next meeting on May 23.

The committee also agreed on basic principles of the proposed legislation like transparency in selection process and autonomy of the Lok Pal.

Speaking after the meeting, senior lawyer Prashant Bhushan said there was agreement on various issues like transparency in the appointment of Lokpal, autonomy of the ombudsman and financial independence for such an office.

RTI activist Arvind Kejriwal said, "The model on which the financial independence will be based is yet to be decided. Various models were discussed, including from other countries and of institutions like the Supreme Court, Comptroller and Auditor General and the Central Vigilance Commission."

There was agreement on a broad based selection panel for appointing the Lokpal, the discussions also covered on the need for having similar ombudsmen at the state level. HRD Minister Kapil Sibal said more discussions were needed on having state-level Lokpals as consultations with state governments were needed.

The committee chaired by finance minister Pranab Mukherjee includes Union ministers Kapil Sibal, Veerappa Moily, Salman Khurshid and P Chidambaram as members. Besides Prashant Bhushan and Kejriwal, the civil society members are Shanti Bhushan, Anna Hazare and Karnataka Lokayukta Santosh Hegde.


The Times of India, 8 May, 2011, http://timesofindia.indiatimes.com/india/Lokpal-may-get-free-hand-to-go-after-babus/articleshow/8191848.cms


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