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
1. Lokpal Bill<br />...Understanding the Drafts of Government and Civil Society<br />
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. Government’s Draft<br />???<br />
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. 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. Government’s Draft<br />
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. Detailed transparent selection process with PUBLIC PARTICIPATION
10. 5 out of 10 members from ruling government
11. Search committee to be selected by Selection committee itself
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 />
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. 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. Critical Issues – Accountability(Lokpal Members)<br /><ul><li>Accountable to the PEOPLE
20. Any Citizen can make a complaint to Supreme Court and seek removal.
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. 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. 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. If same complaint made to both Lokpal & CBI?
25. If CBI is doing a dishonest investigation, can Lokpalcall for the file from CBI midway?
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. Critical Issues <br />Punishment<br /><ul><li> Maximum punishment life imprisonment
28. Quantum of punishment with rank
29. Higher fines for accused business entities
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. 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 />
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. 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. Recommendation by National Commission to review</li></ul> the Working of the Constitution, set up in the year 2000 <br />
36. Critical Issues – Prime Minister<br /><ul><li> No immunity to PM, only President as per our constitution to maintain ‘stability of state’
37. Corruption by PM can be/has been investigated, under Prevention of Corruption Act
38. If PM exempted, then all offices/ministries under PM also exempt
39. Lokpal not “above” PM just as a Group B Income Tax officer checking his IT returns isn’t
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. 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. 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. 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. A Lokpal to Protect Corruption?Or A Lokpal to Prevent Corruption?? <br />Let us not let down the people of the country!<br />