State Lokpal lacks teeth to check graft
Friday, 20/12/2013
http://www.tribuneindia.com/2013/20131220/punjab.htm#1
Chandigarh : The passing of the much-awaited Lokpal Bill by the parliamentarians for establishing an anti-corruption watchdog, having in its purview even the Prime Minister’s office, has brought out the inadequacies in the institution of Lokpal to deal with such issues at the state level.
In Punjab, restricted jurisdiction of the state Lokpal has, in fact, rendered it ineffectual to deal with corruption cases; and has taken the sting out of the movement aimed at “proper investigation” of complaints against public men and “thereby ensuring eradication of corruption”.
Limited jurisdiction
Punjab Lokpal Justice Jai Singh Sekhon himself admits limited area of control and authority of the Lokpal office in the state. “The objective of the Punjab Lokpal Act is to secure proper investigation of inquiry against public men. Public servants are still not under its purview,” he acknowledges. A look at the Act makes it clear that a “public man" means a person who holds or has held the office of a minister, a Member of the Legislative Assembly of the state, the chairman and a member of a Board constituted by or under the state or Central Act or otherwise.
It also includes chairman of a government company; and chairman and member of non-statutory committee nominated by the state government. The term “public servant” under the Act has the same meaning as Section 21 of the Indian Penal Code, 1860, and includes Judge, every officer of a Court of Justice, juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant.
It is believed that a substantial number of complaints received by the Lokpal’s office are against the government employees. But the Lokpal office lacks powers to investigate such complaints.
Changed scenario
Justice Sekhon also believes that the passing of the Lokpal Bill by the parliamentarians will bring about a change; and the authorities concerned in the state will have to bring about some alterations in the existing scheme of dealing with issues of corruption and sleaze.
“Immediate fallout of the passing of the Lokpal Bill by Parliament will be a comparison of the effectiveness of the Lokpal at the national level and at the state level; and the contrast will bring out lacunae and insufficiencies in the battle against dishonesty at the state level through the Lokpal’s office,” he says.
Losing battle
As of now, the Lokpal in the state is not fighting a winning battle. Established to deal with complaints against functioning of politicians and other public men, Punjab Lokpal virtually has nothing to take in hand.
Available information suggests that over the last decade, the office has dealt with an average of only four complaints a year, even as its annual budget registered a steep hike from Rs 1.53 crore to Rs 20.34 crore.
Human Empowerment League of Punjab general secretary Parvinder Singh Kitna says information received under the Right to Information Act shows that the Lokpal office did not receive any complaint from 2003 to 2005. Between 2006 and 2012, it received only about 40 complaints. In his initial four months in office from November 17, 2012, Justice Sekhon did not receive any complaint
Things have only improved with the amendment carried out in the Punjab Lokpal Act to authorise the Lokpal to look into complaints of corruption against chairpersons and vice-chairpersons of zila parishads, mayors, senior mayors and deputy mayors of municipal corporations, and presidents and vice-presidents of municipal committees. Justice Sekhon says the efficacy of the institute to wage honest war against dishonesty has increased. But lot is still required.
Justice Sekhon believes that staff is adequate to deal with the complaints it was now receiving; but would need more manpower if its purview is to be increased. The office currently has one Inspector-General rank police officer, along with four constables and head constables to look into complaints.
Dynamic body
Additional Solicitor-General of India Mohan Jain says the Lokpal needs to be made independent. “The office of the Lokpal depends upon the state government to provide it with infrastructure and other facilities. To begin with, it should be made completely independent just like the High Courts,” he asserts.
Former Chief Justice of Guwahati High Court Justice RS Mongia says the only way to make Lokpal a more potent body is to model the Lokpal Bill on Karnataka Lokayukta Act.
Elaborating, Justice Mongia says the institutions of the Lokpal in Punjab and Haryana enjoy recommendatory powers. They can only make recommendations to the government to initiate action against the erring public men, but cannot direct the registration of an FIR, or initiate contempt of court proceedings.
The Karnataka Lokayukta Act, on the other hand, has been effective in addressing issues related to corruption and maladministration. The Act not only empowers the institution to recommend but also straightway lodge FIRs.
Low complaint rate
Over the last decade, the Punjab Lokpal office has dealt with an average of only four complaints a year
This is despite the fact that its annual budget registered a steep hike from Rs 1.53 crore to Rs 20.34 crore
The Lokpal office did not receive any complaint between 2003 and 2005
From 2006-2012, it received only about 40 complaints
The office currently has one Inspector-General
rank officer along with four constables and head constables to look into complaints
