Under pressure from the Opposition, the Arvind Kejriwal Government on Wednesday passed Jan lokpal Bill 2015, to set up an ombudsman to investigate corruption charges against politicians and civil servants.
The draft of the Bill is on the lines of Uttrakhand lokayukta Bill. It will give Delhi Jan lokpal the power to prosecute even the Chief Minister, Ministers, and bureaucrats and ensure that the trial is completed within six months.
It has proposed maximum punishment of life imprisonment, to attach property which has been acquired by corrupt means, policing power to conduct searches and raids, and protection to whistleblower.
According to sources, the Bill was passed by the Cabinet despite reservations raised by officials as the Centre has not vetted the draft. The Bill will be tabled in the ongoing Winter Session of the Delhi Assembly.
After the Cabinet meeting, Deputy Chief Minister made the announcement on Twitter. “The historic Jan lokpal Bill is passed by Delhi Cabinet. Congratulation to all who have spent days and nights for it,” Sisodia tweeted.
“A strict lokpal which won’t be a mere slogan, which won’t be limited to symbolism... That particular bill of the Anna movement has been passed by the Cabinet by the name Delhi Jan lokpal Bill 2015. This is the same bill which came up during the Anna movement, without any changes,” Sisodia said.
According to sources, the Delhi Government is trying to convert the existing lokayukta Bill into Delhi Janlokpal Bill. The Government will approach the Centre for approval of some of its provisions which have been inserted in the draft Bill including policing powers to lokpal.
The draft Bill, among other provisions, also brings the office of the Chief Minister under its purview and is in the lines of the Uttarakhand lokoyukta Bill which stipulates time- bound probe. It would have overriding power.
“The lokayukta shall constitute an Investigation Wing for the purpose of conducting investigation of any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988. The creation of different wings in the lokayukta to deal with different subjects like investigation, prosecution and other matters; (b) If it is found that the public servant owns some property which was not disclosed in his statement of assets, that property would be liable to be confiscated by the lokayukta,” the draft said.
However, constitutional experts have argued that the proposed law is in conflict with the Central lokpal and lokayuktas Act passed by the Congress-led United Progressive Alliance in 2013. Experts said the Centre has not vetted the draft of Jan lokpal Bill so it cannot be tabled in the Delhi Assembly.
This time, the Bill has been tweaked to be stronger, and also more contentious, setting off fears of a bitter confrontation with the Centre, whose nod is a must for Delhi to pass any such legislation.
The AAP, which returned to power by winning 67 of the 70 seats in the Assembly elections, had positioned the Jan lokpal Bill as one of its key poll promises.
Earlier in the day, Delhi Congress Ajay Maken along with hundreds of party workers protested outside the Delhi Assembly, demanding that the AAP Government should pass Jan lokpal Bill in the current Assembly Session.
“It took nine months, three demonstrations and a PIl for the Cabinet to formulate a much diluted Jan lokpal than what was tabled & promised by AAP! Oh sorry I did not read the copy let me check it once tomorrow,” Maken tweeted.
To recall, AAP had ended its 49-day rule and quit power in February 2014 when the minority Government failed to table the previous version of the Bill in the Assembly. Both BJP and Congress had opposed the Bill saying its tabling was “unconstitutional” as the Centre had not vetted it.