Home Department and its subsidiary Vigilance Department are ready with a draft to be presented before the Government for its final approval aiming to curb institution-level corruption in Jharkhand. The provisions of the draft Bill is guided mainly by the Orissa Special Courts Act, 2006 which would introduce Special Courts in the State to deal with corruption cases and also have provision to confiscate illicit properties belonging to culprits.
Sources in the Home Department informed The Pioneer that Inspector General of Police (Vigilance) Ml Meena and a team of officials have visited Odisha and also studied relevant Acts in place in Chhattisgarh, Rajasthan and Maharashtra to make the proposed draft compatible and sound in dealing with graft cases.
"We have prepared a proposal and the file is under consideration at the highest level. After getting approval of the Chief Secretary it would be presented before the Chief Minister and later to the Cabinet. We are expecting the draft Bill sooner than later," said Home Secretary NN Pandey.
The draft after getting nod of the Cabinet would be sent to the Governor in the form of an Ordinance. Sources privy to developments suggest that the Government intended to go through the Ordinance route which would be tabled in the Assembly during the Monsoon session.
It is learnt that for conducting unhindered trial of offence provisions have been incorporated to establish as many Special Courts as considered to be adequate in the State. The Special Court shall be presided over by a judge to be nominated by the State Government with the concurrence of the High Court.
Also, to make the graft related trials speedy in true sense the Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons to be recorded in writing. Also, it shall endeavour to dispose of the trial of the case within a period specified from the date of its institutions or transfer.
"Often such cases get delayed due to change of the judge. While under its provision, a judge appointed to preside over a Special Court may act on the evidence recorded by his predecessor or predecessors or partly recorded by his predecessor or predecessors and partly recorded by himself," revealed an insider.
The State Government can on the basis of prima-facie evidence initiate the complaint against any person holding high public or political office by authorising the Public Prosecutor. Application can be moved before the authorised officer for confiscation under the Act of the money and other property, which the State Government believes the said person to have procured by means of the offence.
Whole lot of public servants, those holding high political office, including members of the Council of Ministers and the Chief Minister, would be covered under ambit of the Act. Nevertheless, the application filled should contain name of the delinquent, official designation and detail addresses, particulars of the known source of income, particulars of assets maintained and its estimated value and portion of the assets as disproportionate to the known sources of income.
"We also have our own Vigilance Act and have done some amendments based on the inputs gathered,” said Ml Meena.