If convicted, corrupt officials may have to spend life in jail

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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.

Daily Pioneer
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