The Delhi lokayukta’s demands for more teeth to deal with graft cases effectively and bringing civil servants under its jurisdiction have been stonewalled by the Delhi Government.
The Government rejected the demand to bring civil servants under the lokayukta’s jurisdiction saying that they were already under the watch of the Central Vigilance Commission and the CBI. It also reasoned that they can be prosecuted under various laws, including the Prevention of Corruption Act.
In his annual report 2011-12, Delhi lokayukta Justice Manmohan Sarin demanded powers of search and seizure and statutory powers for initiating contempt proceedings, but they too were turned down. The report was tabled in the Delhi Assembly by Chief Minister Sheila Dikshit on Thursday.
Sarin had sought powers of search and seizure to probe graft cases and pointed such powers have been vested in lokayuktas. “There is a requirement for ordering search and seizure to effectively deal with cases of corruption and therefore appropriate amendments be made in Section 11(1) of the Act so as to make provisions of Cr PC with regard to search and seizure applicable to the procedure of enquiry before lokayukta,” he said in a report to the Government.
The Government said that as per provisions of the Delhi lokayukta and Upa lokayukta Act, the ombudsman take the services of officers from Government investigating agency or any other agency to conduct a probe.
lokayukta Justice Sarin has also stated in the report that Delhi Government does not appear to consider this institution as an ally in good governance and bringing about probity in public life. “The institution of lokayukta is not getting the encouragement and support from the Delhi Government. In some cases the Government not only objected to production of certain record required during the preliminary hearing but also challenged the order of this forum before the High Court. The President of India and lieutenant Governor are the competent authority to take decision on the report or recommendations of lokayukta,” he said.
The lokayukta also sought bringing every public functionary to declare his/her assets on assumption of office, to the competent authority/ lokayukta, but the Govt
rejected it.