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Panel on Lokpal bypasses Anna pointers
The Parliamentary Standing Committee on Lokpal Bill has strongly rejected Team Anna’s suggestion that the Ombudsman be given suo-motu powers of phone tapping besides almost all its other major demands like bringing PM, CBI, CVC, lower bureaucracy, judiciary, Citizen Charter and Grievance Redressal mechanism under the ombudsman.
At present, phone tapping is done by the CBI, Enforcement Directorate, Directorate of Revenue Intelligence under the Indian Telegraph Act and Rules read with the judgements of the Supreme Court in this regard. “There is no reason, sufficiently strong to suggest that this substantive law should be altered in respect of Lokpal proceedings,” the Committee said in its report submitted on Friday.
Since none of other agencies has been entitled to suo-motu, on their own, without separate authorization, and in secrecy, initiate or continue phone tapping, there is no reason that the Lokpal should also not be subjected to same regime and mechanism, it said adding granting such power will "create an excessive and undesirable concentration of power," cause conflict between preliminary inquiry, investigation and prosecution and "disturb the equilibrium all investigative agencies."
The Committee, which accepted Congress General Secretary Rahul Gandhi's suggestion to grant Constitutional status to Lokpal, conceded just two demands of Team Anna - single comprehensive enactment dealing with Lokpal and State Lokayuktas and reducing punishment for false and frivolous complaints. Panel chief Abhishek Manu Singhvi allayed the apprehension that granting Constitutional status will delay the passage of the Bill. It could be passed after a day's discussion, he said.
Significantly, the committee has insisted that uniform standards for all Lokayuktas of the states as prosecution of public servants on widely divergent standards in neighbouring States is an "obvious anomaly."
While leaving the issue of bringing PM under Lokpal to the wisdom of Parliament and just forwarding three options of complete exclusion, inclusion but deferred prosecution and inclusion with some safeguards like defence, external affairs etc being kept out, the Committee has said that Chief Ministers should be brought under the Lokayuktas.
On the issue of lower bureaucracy, the Committee received the maximum number of 17 dissenting notes including those from three Congress members. It said Group C of the central government employees should come under CVC while Lokayuktas in state should cover Group C and D. The Committee received 10 notes of dissent from 17 members on other issues. There was unanimity on 11 of the 24 issues considered by the panel.
Singhvi pointed out the firsts by the panel like CBI not requiring prior sanction and separating probe from prosecution. The Selection Committee of the Lokpal will also have an eminent Indian selected by CEC, CAG and Chairman of the UPSC besides PM, Lok Sabha Speaker, CJI, Leader of the Opposition in the Lok Sabha. He said the report has tried to bring a balance and equilibrium between the trinity of Lokpal, CBI and CVC for tackling corruption.
NGOs, Corporates and Media have also been brought under the purview of the Lokpal provided they are financed by the government in any form and if the NGO receives funds of Rs 10 lakh and more from abroad. It has reduced punishment for false and frivolous complaints and given mandatory reservation of 50 percent for SC/ST, OBC, minority and women in the Search Committee of the Lokpal while turning down the demand of LJP leader Ramvilas Paswan and RJD President Lalu Yadav for similar provision in the Selection Panel of Lokpal.
The Parliamentary Standing Committee on Lokpal Bill has strongly rejected Team Anna’s suggestion that the Ombudsman be given suo-motu powers of phone tapping besides almost all its other major demands like bringing PM, CBI, CVC, lower bureaucracy, judiciary, Citizen Charter and Grievance Redressal mechanism under the ombudsman.
At present, phone tapping is done by the CBI, Enforcement Directorate, Directorate of Revenue Intelligence under the Indian Telegraph Act and Rules read with the judgements of the Supreme Court in this regard. “There is no reason, sufficiently strong to suggest that this substantive law should be altered in respect of Lokpal proceedings,” the Committee said in its report submitted on Friday.
Since none of other agencies has been entitled to suo-motu, on their own, without separate authorization, and in secrecy, initiate or continue phone tapping, there is no reason that the Lokpal should also not be subjected to same regime and mechanism, it said adding granting such power will "create an excessive and undesirable concentration of power," cause conflict between preliminary inquiry, investigation and prosecution and "disturb the equilibrium all investigative agencies."
The Committee, which accepted Congress General Secretary Rahul Gandhi's suggestion to grant Constitutional status to Lokpal, conceded just two demands of Team Anna - single comprehensive enactment dealing with Lokpal and State Lokayuktas and reducing punishment for false and frivolous complaints. Panel chief Abhishek Manu Singhvi allayed the apprehension that granting Constitutional status will delay the passage of the Bill. It could be passed after a day's discussion, he said.
Significantly, the committee has insisted that uniform standards for all Lokayuktas of the states as prosecution of public servants on widely divergent standards in neighbouring States is an "obvious anomaly."
While leaving the issue of bringing PM under Lokpal to the wisdom of Parliament and just forwarding three options of complete exclusion, inclusion but deferred prosecution and inclusion with some safeguards like defence, external affairs etc being kept out, the Committee has said that Chief Ministers should be brought under the Lokayuktas.
On the issue of lower bureaucracy, the Committee received the maximum number of 17 dissenting notes including those from three Congress members. It said Group C of the central government employees should come under CVC while Lokayuktas in state should cover Group C and D. The Committee received 10 notes of dissent from 17 members on other issues. There was unanimity on 11 of the 24 issues considered by the panel.
Singhvi pointed out the firsts by the panel like CBI not requiring prior sanction and separating probe from prosecution. The Selection Committee of the Lokpal will also have an eminent Indian selected by CEC, CAG and Chairman of the UPSC besides PM, Lok Sabha Speaker, CJI, Leader of the Opposition in the Lok Sabha. He said the report has tried to bring a balance and equilibrium between the trinity of Lokpal, CBI and CVC for tackling corruption.
NGOs, Corporates and Media have also been brought under the purview of the Lokpal provided they are financed by the government in any form and if the NGO receives funds of Rs 10 lakh and more from abroad. It has reduced punishment for false and frivolous complaints and given mandatory reservation of 50 percent for SC/ST, OBC, minority and women in the Search Committee of the Lokpal while turning down the demand of LJP leader Ramvilas Paswan and RJD President Lalu Yadav for similar provision in the Selection Panel of Lokpal.
