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LATEST NEWS UPDATES | Lokpal to delay graft cases? by Josy Joseph

Lokpal to delay graft cases? by Josy Joseph

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published Published on Sep 14, 2011   modified Modified on Sep 14, 2011

Lokpal provisions under consideration of the parliamentary standing committee could actually lead to significant delays in punishing erring bureaucrats, rather than speeding up the process. This would be among the key arguments from stakeholders who are expected to interact with the standing committee in the coming days.

The constitution of the particular standing committee has been significantly delayed, forcing the presentations by CBI chief and central vigilance commissioner for the third time, now tentatively slated for September 15. Sources said the eagerness of many smaller parties to find a place in the coveted standing committee may have contributed to the delay and even the September 15 interaction of CBI and CVC may not happen.

Both CBI and CVC are among the key stakeholders who would be presenting their assessments to the standing committee, where one of the major arguments that could crop up is the inordinate delay in prosecution under Prevention of Corruption Act. According to one estimate, only 50% of the cases under PC Act are less than five years old, and, in fact, many of the cases are as old as 20 years old.

Sources pointed out that the CVC acts against Grade A officers of government and senior officials of PSUs, banks etc, mostly under the Central Civil Services (Conduct) Rules and other disciplinary rules. Punishment varies from minor penalty to major penalty which could include dismissal from service. "The standard of proof there is lower compared to PC Act, which is time consuming. It is preponderance of probability versus proof beyond doubt (under PC Act)," an official said. The CVC refers to CBI only cases of bribery, fraud and such issues under PC Act.

According to both the government's and Anna Hazare team's draft for Lokpal bill, the prosecution would be under PC Act. So if Lokpal starts acting on all allegations of corruption and misdeeds under PC Act, then it could lead to further delay and a huge number of cases in courts, officials argued. There are over 600 organisations that CVC administers, directly or through departmental vigilance officers.

So, the arguments from both CBI and CVC would be that it is better to leave them in the present form while having a flexible co-existence with Lokpal. "It won't be a feasible thing to cover all Group A officers under Lokpal. At best, they could identify and notify may be secretaries to be directly covered by Lokpal," said an official. Also, bureaucrats involved in high level political corruption could be dealt by Lokpal, he said.

Both CVC and CBI would argue that their chiefs be made ex-officio members of Lokpal. The two organizations could lodge strong opposition against Lokpal absorbing anti-corruption branch of CBI or CVC into itself. In fact, CVC could seek further strengthening of its capabilities to deal with disciplinary matters involving senior officials. For one, it could ask for the right to sanction prosecution of all levels of officials, which is presently with the government.


The Times of India, 15 September, 2011, http://timesofindia.indiatimes.com/india/Lokpal-to-delay-graft-cases/articleshow/9987268.cms


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