After facing severe criticism for not appointing lokayukta in the national Capital, Chief Minister Arvind Kejriwal on Monday tweeted that Jan lokayukta Bill is almost ready and the Government should be able to present it in the next session of the Assembly.
“Jan lokayukta Bill almost ready. We shud be able to present it in next session of Assembly,” Kejriwal tweeted.
Kejriwal had quit in his first term as Delhi Chief Minister after he failed to table the bill. The name of the bill is noteworthy as AAP had promised to pass a ‘Jan lokpal Bill’ in its manifesto. All public officials including the Chief Minister other Ministers and MlAs would fall within its purview, it had said.
“Time bound investigation shall be introduced in corruption cases. Charges of corruption against Ministers, MlAs and Secretaries will be completed in a time frame ranging between six months and a year,” the manifesto read.
Earlier this month, the AAP Government had sent a list of five former judges to the Chief Justice of Delhi High Court for the post of lokayukta, which has been lying vacant since November 2013. As per provision of the existing Delhi lokayukta and Uplokayukta Act, only a Chief Justice or a high court judge having seven years of experience are eligible for lokayukta’s post.
Two days ago, former CIC Shailesh Gandhi had questioned Kejriwal on the Jan lokpal issue. The lokayukta post has been lying vacant since November 2013. Both Congress and BJP have been pressuring the AAP Government to fill the post of lokayukta. A PIl has been filed by Congress leader Ajay Maken in Delhi High Court on this issue.
And as chances of Jan lokayukta Bill get bright, the question is whether the Government will take approval from the MHA or not, claimed sources. According to sources, the AAP Government is not ready to take prior permission from the MHA and is keen to present the Bill at the House without lieutenant Governor Najeeb Jung’s approval.
Reacting on Kejriwal’s tweet, his former colleague and noted lawyer Prashant Bhushan tweeted that Kejriwal passed Jan lokpal Bill in his Cabinet.14/4/15: Claims to again start work on it. Now says its almost done. Whats going onIJ
It is noted that MHA has identified two other problems with the Kejriwal’s Jan lokayukta Bill. One is the provision for it to even act suo-motu and initiate inquiries in absence of a written complaint - a provision missing in the central Bill that insists on a written complaint by an identified person.
The second was Delhi Jan lokayukta Bill wishes to probe officials working in public authorities like the Delhi Police, the DDA and all local bodies - the three MCDs and NDMC. This is not possible as these authorities report to the Centre and the situation won’t change unless Delhi gets full statehood.
According to sources, the draft bill also proposes six months jail as minimum punishment for corruption. The lokayukta will have two separate wings - investigation and prosecution and the investigation into graft charges must be completed within six months.
It also proposes the lokayukta will decide whether the guilty official is dismissed, removed or demoted. The lokayukta will have also the power to suspend an accused officer during investigation and can confiscate property and assets of the accused official.
As per Delhi lokayukta and Uplokayukta Act 1995, the lokayukta is appointed after consultations with the chief justice of high court and the leader of opposition in the Delhi Assembly.
According to former Delhi Minister Raj Kumar Chauhan, the post of lokayukta had been lying vacant since the Congress Government demitted office in November 2013 and ordinary citizens had become mere spectators of the “misdoings of the ruling Government.”
The issue of Jan lokpal Bill or Jan lokayukta Bill was an issue and one of Kejriwal promises during the Assembly polls. Reacting on the tweet, leader of Opposition in Delhi Assembly Vijendra Gupta said those who have failed to appoint lokayukta in Delhi in the past eight months are now shamelessly talking of “should be able to introduce lokpal bill in the next session of the Delhi Vidhan Sabha”.
“It reflects utterly casual attitude of Kejriwal towards the important issue of the lokayukta. Kejriwal must answer if he is serious about fighting corruption and why delay the appointment of the Delhi lokayukta. The master of doublespeak Kejriwal has ensured that the post of lokayukta remains vacant,” he said.