If the AAP Government has its way, the Delhi Jan lokpal will not only be equipped with policing powers but also its decisions will not be subject to any scrutiny by any court of law in the country. The proposed Jan lokpal Bill, 2015, to be tabled in the ongoing Winter Session of the Assembly, has made it clear that convicted public servants can even face life imprisonment in corruption cases.
Also, the bill will give teeth to the anti-corruption watchdog to ensure that all employees and their dependants of the Delhi Government, the DDA, the municipal bodies and the Delhi police file details of their assets every year. But the proposed bill has not specified whether the Chief Minister and his Cabinet colleagues can be proceeded against by the Jan lokpal. The draft Bill is clearly not a replica of its 2014 avatar but a “revised version” of the draft that emerged from the Anna movement. The bill is expected to be tabled in the Delhi Assembly on Monday.
A copy of the proposed bill accessed by The Pioneer, says that any loss to the exchequer caused by companies or contractors found responsible in a case of corruption will invite a fine that is five times the loss. All public servants will have to file returns and declare their assets, including properties, by January 31 if the law is enacted. Any undeclared asset found later will be considered as acquired by wrong means and will be confiscated.
The Bill states, “ Notwithstanding anything in this provision, the Jan lokpal may, for the purpose of conducting any inquiry or investigation, utilise the services of any officer or organisation or investigating agency of the Central Government or the Government of any State or Union Territory, as the case may be. Provided, however, that if any law requires any prior consent or approval to be obtained for securing the assistance of any investigating agency or specialised investigating agency, the Jan lokpal shall ensure all requisite compliances.”
The Bill has made it mandatory for every employee working with the Government, the municipal corporations, the DDA and the Delhi Police to submit to their employers or authority every year their annual statement of their assets and liabilities in a format as is prescribed by the Jan lokpal. Besides time-bound investigation and trial, punishment for public servants (anyone drawing a salary from the govenrment) ranges from an imprisonment of six months to 10 years and in the rarest of rare cases life imprisonment.
The Bill has specified that the Government, may in consultation, with the Chief Justice of the Delhi High Court, constitute such number of special courts, as recommended by the Jan lokpal to hear and decide the cases arising out of the PCA. The draft, however, retains the 2014 chapter on providing protection to whistleblowers.
A four member committee headed by the Delhi High Court Chief Justice will be the final authority to appoint the chairperson of national Capital’s proposed Jan lokpal and its two-other members. While the lieutenant Governor will have no role in selection of the three-member Jan lokpal, the Chief Minister, the leader of the Opposition and the Speaker of the legislative Assembly will be the other three members of the selection committee.
According to Bill, that persons who have not been a judge of the Supreme Court or Chief Justice or Judge of any High Court can not be appointed as the chairperson of the Jan lokpal. The term of the chairman and the members of the Jan lokpal will be for a period of five years. The time-frame for completion of investigation for Jan lokpal Officers has been fixed for a period of up to six months.