Lokpal Bill
...Understanding the Drafts of Government and Civil Society
Government’s Lokpal
Directed against those who raise their voiceagainst corruption?
Only 65,000 people out of 1.2 crore
Only Group A Central Govt employees
Instead of ALL Govt employees
Provides illegitimate protection to the corrupt officials?
If a citizen complains against a govt officer’s corruption to Lokpal…
•Govt officer can file a Cross Complaint directly to the Special Court
without Preliminary Enquiry that whether complain was frivolous
•Govt officer given free advocate while the Citizen has to defend himself
•If corruption of Govt officer proved – gets minimum 6 months jail
Pro-accused investigation process?
After preliminary enquiry, accused given a hearing before filing an FIR to explain why an FIR should not be registered against him.
After completion of investigations, presented evidence & again given a hearing to explain why a case should not be filed in the court
During investigations, if investigations are to be started against any new persons,
they too would be presented with evidence against them & given hearing
Increased risk to whistleblowers
Nowhere else in the world is Criminal Jurisprudence like this!
Jan Lokpal Draft Government’s Draft
PM kept out of Lokpal’s purview
.
• Lokpal should have power to investigate
frivolous & mischievous complaints
• Special safeguards provided against.
allegations of corruption against PM
• Lokpal should have power to investigate
allegations of corruption against Judiciary• Judiciary kept out of Lokpal’s purview.
Special safeguards provided against
frivolous & mischievous complaints
Government wants it to be included in Judicial Accountability Bill In JAB permission to enquire against a judge will be given by a Three member committee, Two judges & a retd Chief justice of the SAM
E court).. If only a strong and effective JAB were considered & enacted simultaneously
Critical Issues – Judiciary
• Judicial Accountability Bill (JAB), drafted by the government, does not
talk of bribery by the judges. It only talks of “misbehavior”.
• National Oversight Committee sought to be created through JAB will not
have the police and investigative powers and machinery to deal with
criminal complaints of bribery, which Lokpal would have. Therefore, the
two bills actually complement each other.
• Even if judicial corruption were included in JAB, it is not clear when
would an effective JAB become a reality? Should we wait endlessly till
JAB became a reality?
Investigation process provided by the government would severely
COMPROMISE ALL INVESTIGATIONS
If evidence were made available to the accused at various stages of investigations,it would also
REVEAL IDENTITY OF WHISTLEBLOWERS
compromising their security
Such a pro-accused process of Criminal
Jurisprudence NOWHERE IN THE WORLD
Such process would
KILL ALMOST EVERY CASE !!!!
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