Follow Us
New Delhi, November 30
Having stormed to power on the back of a massive anti-graft movement, the AAP government today presented the Janlokpal Bill in the Assembly which will empower the proposed ombudsman to act against any public servant in the national capital including those of the Centre, a move that may spark a fresh face off between the two.
The bill has proposed harsh punishment for proven charges of corruption, including rigorous imprisonment ranging between six months and ten years and, in rarest of rare cases, life imprisonment and fine. The higher the rank of the errant public servant, the greater will be the punishment.
Under the bill, Lokpal will have powers to probe even acts of corruption against Union Ministers and Central government officials, a contentious provision which may trigger another round of confrontation between the Kejriwal government and the Centre.
Deputy Chief Minister Manish Sisodia, tabling the Bill, termed it as the most "effective and independent" in India's history and said it is similar to the one that came up during the 2011 Anna movement, rejecting allegations of it being "completely different".
The Lokpal, with its own investigating wing, will make probe time-bound, with maximum time limit for completing an inquiry fixed at six months. In exceptional cases, the time limit can be extended up to 12 months.
Chief Minister Arvind Kejriwal termed the bill as the "strongest" anti-graft law in Independent India.
"Congratulations Manish for presenting the strongest anti-corruption law of Independent India — Delhi Janlokpal Bill 2015. A historic day," he tweeted.
The bill seeks to provide full protection to whistleblowers from physical harm and administrative harassment. For this, the Janlokpal may issue orders and directions to the government or any other authority to provide security and protection to whistleblowers.
Sisodia said the Janlokpal will have the power to probe every act of graft occurring within the boundaries of the National Capital Territory of Delhi.
In case of wilfully malicious and false complaints there is a provision for imprisonment or fine or both.
As per the bill, a three-member body having one chairperson and two members, will be collectively called Janlokpal and they will be chosen by an independent selection committee to be headed by the Chief Justice of Delhi High Court, with Delhi Assembly Speaker, Chief Minister and Leader of the Opposition as its members.
This committee will have the powers to frame relevant rules under provisions of the bill.
The Chairperson or any member of the Janlokpal can be removed on the ground of proven misconduct or incapacity only by the Lt Governor on the recommendation of the Assembly by a majority of the total membership, the minimum of which will be two-third present and voting.
The appointment and removal process of the members has come under criticism from former AAP leaders Prashant Bhushan, Yogendra Yadav and BJP who have accused Kejriwal of playing the "biggest fraud" by diluting the provisions that had been envisaged originally.
Janlokpal will have a prosecution wing and may appoint investigating officers to be called Janlokpal investigating officer who shall have all the powers of a police officer under the CrPC.
As per the provisions, Janlokpal may sanction prosecution of public servants for offences committed by them. It will also have powers of a civil court for discharge of its functions.
It may attach, confiscate assets gained by a public servant through acts of corruption, besides having powers to recommend transfer or suspension of a public servant accused of corruption.
The bill also envisages action against private entities involved in acts of corruption and makes it incumbent upon public servants to make public the details of properties owned by them and their dependants.
Kejriwal made his first appearance in the ongoing session of the House today, while BJP legislators were not present during the introduction of the Bill. Leader of the Opposition Vijender Gupta, who was earlier marshalled out of the House, did not return despite requests by Sisodia.
Sisodia rejected BJP's charge that the government would have sweeping powers in appointment and removal of Chairperson and members of Janlokpal, saying the party seemed unaware of the Constitutional arrangement. Impeachment can be done by the Assembly and not the government, he said.
"They say we have removed the part about eminent persons being a part of the Selection Committee but the Supreme Court has observed during the debate on NJAC that including such eminent persons will make the body prone to government influence," he said.
He said, "It's a historic day for us and for all those who have been fighting for a strong and independent Lokpal since 1967. The 2011 anti-corruption agitation was one of the most powerful movements in the history of post-independence India." — PTI