Notwithstanding objections raised by its law department and the department of Home, the Delhi Government will on Friday bring the much-touted Delhi lokpal Bill before the Cabinet.
The lokpal Bill was a key poll promise of the Arvind Kejriwal-led Aam Aadmi Party, but the departments of law and Home have raised objections over certain provisions of the proposed Bill. This includes the power vested in lokpal to prosecute, investigate and punish any bureaucrat or a leader indulged in corruption. Objecting to several clauses of the draft of the Delhi lokpal Bill, the Home Department commented that the powers of the lokayukta for awarding punishment of imprisonment may not stand judicial scrutiny as the lokayukta is not a court and this is not a substantive Act. On the other hand, the law Department said that the proposed lokpal Bill needs clearance from the Central Government.
Meanwhile, Chief Minister Arvind Kejriwal announced that Delhi Cabinet is likely to pass the Delhi lokpal Bill on Friday. Interestingly, the finance and planning departments have not submitted their comments regarding the proposed lokpal Bill.
“In any case, the powers of investigation, prosecution and judge cannot be vested in the same person. Besides, the Delhi Development Authority (DDA) comes under the control of Ministry of Urban Development. Similarly, the law and order of Delhi comes under the control of Ministry of Home Affairs. Therefore, it needs to be examined whether the DDA and the Delhi police shall come under the ambit of proposed lokpal Bill,” it said.
The Kejriwal Government wants to bring Delhi police under the ambit of the Delhi lokpal. The draft Bill also covers the DDA and municipal bodies in the city, and this could cause fresh friction between the Centre and the Delhi Government. The draft also gives the Government powers to investigate non-Government organisations funded directly or indirectly by the Government. But it will be limited to looking into misappropriation of funds from the Government.
Commenting on the draft, the Home Department said that Central Government has recently passed lokpal Bill and the applicability of the Bill proposed to be passed by the Delhi Assembly on officers belonging to IAS, IPS and DANICS may be examined. “The parents of the public servant may not be included in the definition of family. Further, it may be clarified that only the dependent spouse and dependant children would construe the family of a public servant,” it said. The term of office of chairperson or member of lokpal may not be more than five year.
Defining the definition of punishment for ‘life imprisonment’, for any act of corruption is one of the punishments proposed under the Bill and it may be reconciled with the provisions of IPC, CrPC and Prevention of Corruption Act related to punishment proposed for Act of corruption. The provision for awarding higher punishment to an accused of higher rank appears to violate Article 14 of the Constitution. It is also felt that the definition of persons having knowledge of law may be restricted to judge of the Supreme Court and High Court.
Commenting further on the Bill, the Home Department said that removal of chairperson/member of lokpal by lieutenant Governor may be improper when the appointment has been made by the President. “The power of the lokpal to make any recommendation to the public authority concerned to stay the implementation or enforcement of any decision may be re-examined. In case of an ongoing project of public importance, any such action may lead to cost and time over run apart from inconvenience to the general public. It is felt that an incidence of corruption can be investigated and dealt with without stalling the ongoing project,” the Home Department commented.
The draft Bill says that all public servants will have to declare assets and liabilities and those of the family members which should include their sources of income within three months after commencement of this Act. “If the annual statement is not submitted by January 31 every year, salary of public servant or Government employees will be stopped till the statement is filed. If it is found that public servant owns some property which was not disclosed in his statement of assets, that property would be liable to be confiscated by the lokpal.” According to Bill, lokpal will have powers to issue search warrant to officers not less than ACP rank or equivalent.