The Delhi Government and the Delhi Police have locked horns over kickbacks during elections a ‘cognizable’ offence. Delhi Cabinet on Monday was of the view that the existing classification should not be altered and raised a red flag citing apprehensions of misuse.
On the other hand, Delhi Police has given its nod. Following the directive of the Election Commission of India to make bribery u/S 171 (B) and 171 (E) of the IPC cognizable, the Ministry of Home Affairs (MHA), in turn, has sought comments from State Governments and police on the proposed amendment in the Code of Criminal Procedure Bill 2012. Besides the Delhi Police, Chief Electoral Office and directorate of prosecution have supported the move.
Delhi Government’s law department has moved a proposal of the Election Commission of India to bring the offence of bribery at elections under Sections 171 (B) and 171 (E) of IPC before the Cabinet meeting. As per the proposed amendment, offering food, drinks, entertainment at elections will be considered enticement.
Top sources said that the Delhi Cabinet was of the view that the existing classification of being non-cognizable should be changed and the State government would send its opinion to the MHA. “By changing it to ‘cognizable’, the complainant can directly go to the police officer of the concerned area. Since the offence is cognizable, the police officer has to register an FIR and carry out investigation, arrest the accused and release on bail. The possibilities of lodging false complaints at the behest of political leaders cannot be ruled out,” said sources.
Delhi Police in its suggestion has endorsed the move, saying it will help curtail money power during elections while the Chief Electoral Office stated it would help in free and fair elections.
According to Section 171 (B) of the IPC, whoever — (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery: The Section 171 (E) of the IPC says that the punishment for bribery may extend to one year, or with fine, or with both. Provided that bribery by treating shall be punished with fine only.
‘Treating’ means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
live wire cables removed from illegal colonies
The Delhi Cabinet on Monday gave its nod for shifting of high tension (HT) and low tension (lT) lines in unauthorised colonies. While briefing the media after the Cabinet Meeting on Monday, Chief Minister Sheila Dikshit stated that overhead HT/lT lines passing over residential areas, especially in unauthorised colonies, pose serious threat to human life.
The funds are being released under the scheme Provision of Essential Services in Unauthorised Colonies to provide basic amenities like roads and drains, water supply, sewerage and street lights.
The shifting of HT/lT lines in unauthorized colonies was hitherto not covered under the Scheme. By extending the scope of the Plan Scheme, the shifting of HT/lT cables has also been included under the said Scheme.
The funds would be released by the Urban Development department to the Power department on the basis of their recommendations.
Initially, the Scheme would be applicable in 895 colonies regularized at the first instance. For the rest of the colonies, orders will be issued in due course.