Jan lokpal (2)


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  • Uday park – D – 54 – Ansal Plaza 1,20,00,000
  • Mrityunjay office – 10-12 people confirmation -
  • Rishi – 9911483629Ram -
  • First slide – Cbimeger -
  • StructureEstablishment Make a chart – for CrPCInterrogating – Areas of partial agreement – Bring judiciary below...Mission statements – Investigate / InquireWith Merger / Creation of Lokpal without the merger - contrast –Language of the law pick Make slides with the pages of law – No pending cases with the CBI will be taken up – PM,MP, Judiciary, CBI merger
  • Jan lokpal (2)

    1. 1. Lokpal Bill<br />...Understanding the Drafts of Government and Civil Society<br />
    2. 2. Civil Society’s Draft<br />Government’s Draft<br />
    3. 3. Government’s Lokpal<br />Mockery of Criminal Jurisprudence?<br />After Preliminary Enquiry<br />Accused given a Hearing before filing an FIR<br />to explain why an FIR should not be registered against him. <br />If during investigations, any new persons emerge involved<br />they too would be presented with evidence against them & given hearing<br />After completion of investigations, <br />presented evidence & again given a hearing <br />to explain why a case should not be filed in the court<br />[Section 23, 24of Govt Bill]<br />
    4. 4. Government’s Draft<br />???<br />
    5. 5. Government’s Lokpal<br />Sympathetic to the Corrupt rather than Citizens? <br />A Corrupt Government Officer <br />A Citizen <br />Complain against a government officer’s corruption to Lokpal<br />Can file a Cross Complaint directly to theSpecial Court without Preliminary Enquiry <br />that whether complain was frivolous<br />Has to defend himself in court<br />Given free advocate<br />If complain proved frivolous getsminimum 2 years jail !!!<br />Ifcorruptionproved gets minimum 6 months jail<br />[Section 50,51 of Govt Bill]<br />
    6. 6. Government’s Lokpal<br />Does not cover all those who may be corrupt…<br />But covers all those who may raise a voice against corruption?<br />0.05 %<br />100%<br />Jurisdiction <br />Only 65,000 out of total 1.2 croreGovt employees<br />Only Group A Central Govtemployees<br />No lower Bureacracy<br />All NGOs, Societies, Trusts ,<br />even unregistered at the grassroots<br />[Section 17 (1) (e) of Govt Bill]<br />
    7. 7. Government’s Draft<br />
    8. 8. Critical Issues – Selection of Lokpal Members<br />Broad based selection committee <br />2 politicians, 4 judges & 2 independent constitutional authorities. <br /><ul><li> Independent Search committee
    9. 9. Detailed transparent selection process with PUBLIC PARTICIPATION
    10. 10. 5 out of 10 members from ruling government
    11. 11. Search committee to be selected by Selection committee itself
    12. 12. No clear selection process provided</li></ul>Government’s will be able to appoint its own Lokpal members & Chairperson.<br />Earlier agreed to Selection committee, Selection process,<br />Disagreement only on composition of Search committee – <br />(Joint Committee meeting, 7th May)<br />
    13. 13. Government’s Draft – Selection Committee<br />
    14. 14. Civil Society’s Draft – Selection Committee<br />
    15. 15. Government’s Draft – Search Committee<br />
    16. 16. Civil Society’s Draft –<br /> Search Committee<br />
    17. 17. Critical Issues <br />Delegation of Powers<br /><ul><li>Lokpal members will only hear cases against senior officers and politicians or cases involving huge amounts.
    18. 18. Rest of the work will be done by officers working under Lokpal</li></ul>All work will be done by 11 members of Lokpal. Practically no delegation.<br />Financial Independence<br /><ul><li>Lokpal 11 members collectively will decide how much budget do they need</li></ul>Finance ministry will decide the quantum of budget<br />
    19. 19. Critical Issues – Accountability(Lokpal Members)<br /><ul><li>Accountable to the PEOPLE
    20. 20. Any Citizen can make a complaint to Supreme Court and seek removal.
    21. 21. Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 & 136</li></ul>Accountable to the Government. <br />Only government can <br />seek removal of Lokpal<br />Both Selection and Removal of Lokpal in Government’s control<br />Puppet in government’s hands<br />
    22. 22. Critical Issues – Accountability(Lokpal Staff)<br />Government’s Lokpal is accountable <br />Either to ITSELF or the GOVT. <br />We suggested accountability of Lokpal<br />Directly to PUBLIC<br />
    23. 23. Critical Issues – Merge CBI<br />CBI misused by government for political motives<br />Recently, govt exempted CBI from RTI<br /><ul><li>What happens to the cases pending with CBI?
    24. 24. If same complaint made to both Lokpal & CBI?
    25. 25. If CBI is doing a dishonest investigation, can Lokpalcall for the file from CBI midway?
    26. 26. Annual budget of CBI - 300 crores, no less!</li></li></ul><li>Critical Issues <br />Tap Phones<br />Home Secretary <br />would grant permission<br />Lokpal bench will grant<br /> permission to do so<br />Prevent ongoing Corruption<br />Lokpal will have a duty to take steps to prevent corruption in any ongoing activity, if brought to his notice. If need be, Lokpal will obtain orders from High Court.<br />No such duties & <br />powers of Lokpal<br />2G is believed to have been known while the process was going on. <br />Shouldn’t some agency have a duty to take steps to <br />stop further corruption rather than just punish people later?<br />
    27. 27. Critical Issues <br />Punishment<br /><ul><li> Maximum punishment life imprisonment
    28. 28. Quantum of punishment with rank
    29. 29. Higher fines for accused business entities
    30. 30. If successfully convicted, a business entity blacklisted from future contracts.</li></ul>None of these accepted. Only maximum punishment raised to 10 years.<br />Dismissal of Corrupt Government Servant<br /><ul><li> After completion of investigations, in addition to filing a case in a court for prosecution, bench of Lokpal will hold open hearings & decide whether to remove the government servant from job.</li></ul>The minister will decide whether to remove a corrupt officer or not. Often, Ministers are beneficiaries of corruption of senior officers<br />
    31. 31. Critical Issues – Grievance Redressal<br />Government had earlier agreed to it!<br />(Joint committee meeting, 23rd May)<br />Unfortunately have gone back on this decision.<br />
    32. 32. Civil Society’s Draft –Grievance Redressal<br />
    33. 33. Critical Issues – Whistleblower Protection<br />Protection for whistleblowers is being provided through a separate law. <br />That law so bad - Trashed by Standing Committee of Parliament – <br />headed by Ms JayanthiNatrajan. <br />Earlier agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law, & that law would also be discussed & improved in Joint Committee only <br />(Joint Committee meeting, 23rd May) <br />
    34. 34. Critical Issues – MPs<br /><ul><li>Article 105(2)gives them Freedom to Vote or Speak in Parliament, </li></ul>Not Freedom for taking Bribe for doing so!<br /><ul><li> Self – regulation an oxymoron – No MP convicted ever!
    35. 35. Recommendation by National Commission to review</li></ul> the Working of the Constitution, set up in the year 2000 <br />
    36. 36. Critical Issues – Prime Minister<br /><ul><li> No immunity to PM, only President as per our constitution to maintain ‘stability of state’
    37. 37. Corruption by PM can be/has been investigated, under Prevention of Corruption Act
    38. 38. If PM exempted, then all offices/ministries under PM also exempt
    39. 39. Lokpal not “above” PM just as a Group B Income Tax officer checking his IT returns isn’t
    40. 40. Flip flop in government’s own position</li></li></ul><li>Critical Issues – Judiciary<br /> Government wants it to be included in Judicial Accountability Bill (JAB)... <br />
    41. 41. Critical Issues – Judiciary<br />Judicial Accountability Bill (JAB), drafted by the government:<br />Does not talk of bribery by the judges – only “misbehavior”<br />Permission to enquire against a judge will be given by a <br />3 member committee, 2 judges & a retired Chief justice<br /> of the same court<br />National Oversight Committee, to be created through <br />JAB will not have police and investigative powers, which Lokpal would have. Therefore, the two bills complement each other. <br />Even if judicial corruption were included in JAB, not clear when would an effective JAB be enacted?<br />
    42. 42. Critical Issues <br />Special Benches in High Court<br />High Courts will set up special benches to hear appeals in corruption cases to fast track them, as a study shows it takes 25 years for appeal process typically. <br />No such provision<br />Amendments to CrPC<br />On the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders.<br />Not included<br />
    43. 43. Critical Issues – Lokayukta<br />According to Mr PranabMukherjee, some of the CMs have objected<br />State Information Commissions were also set up under RTI Act<br />through single Act only.<br />
    44. 44. A Lokpal to Protect Corruption?Or A Lokpal to Prevent Corruption?? <br />Let us not let down the people of the country!<br />