If the AAP government has its way, the Delhi Janlokpal will not only be equipped with policing powers, but its decisions will not be subject to any scrutiny by any court of law in the country. The proposed Janlokpal Bill 2015, to be tabled in the ongoing Winter Session of the Assembly, has also made it clear that convicted government employees can even face life imprisonment in corruption cases.
The bill has given more teeth to the anti-corruption watchdog to ensure that all employees of the Delhi government, DDA, municipal bodies and the Delhi police along with their dependants mandatorily file details of their assets every year. However, the bill has not specified whether the Janlokpal can proceed against the chief minister and his Cabinet colleagues.
A four-member committee, headed by the chief justice of the Delhi high court, will be the final authority to appoint the chairperson of the Janlokpal and its two-other members. The lieutenant-governor will have no role in the selection process and the chief minister, the Leader of the Opposition and the Speaker of the Legislative Assembly will be the other three members of the committee. The bill makes it clear that the recommendations of the selection committee will be binding on the lieutenant-governor, who shall make the concerned appointments to the Janlokpal no later than 30 days from the date of receipt of their recommendations.
A copy of the proposed bill, accessed by this newspaper, has revealed that a person who has not been a judge of the Supreme Court or chief justice or judge of any high court cannot be appointed as the chairperson of the Janlokpal. The bill also states that the chairperson or a member of the Janlokpal shall not be a MP or MLA and shall not hold any other office of profit or be connected with any political party. The term of the Janlokpal chairman and members will be for a period of five years. The chairperson and members of the Janlokpal cannot be removed from their office, except by an order of the lieutenant-governor passed by the Legislative Assembly with two-thirds majority.
Once the Janlokpal ceases to hold office, he will not be eligible for any other appointment in any employment under the Delhi government or the Centre or any company, authority or corporation under their control or even statutory commissions set up by them. The chairman or members of the Janlokpal can be considered for one additional term as either chairperson or member of the anti-corruption watchdog.
Rules clearly state that any bill having financial implications can be tabled in the Delhi Assembly only after prior approval of the Centre. But the AAP government is all set to table the bill without seeking the Centre’s approval. A copy of the financial memorandum, signed by deputy chief minister Manish Sisodia, says that the proposed bill does not involve any additional financial assistance from the Centre through substantive expenditure from the Consolidated Fund of the NCT of Delhi.
The bill will also empower the Janlokpal to appoint or with the consent of the government-designated officers or agencies as investigation officers, authorised to probe offences under the Prevention of Corruption Act. Called Janlokpal investigation officers, they will have powers that are vested in a police officer for investigating offences under the CrPC.
“Notwithstanding anything in this provision, the Janlokpal may, for the purpose of conducting any inquiry or investigation, utilise the services of any officer or organisation or investigating agency of the Central government or the government of any state or Union Territory, as the case may be. Provided, however, that if any law requires any prior consent or approval to be obtained for securing the assistance of any investigating agency or specialised investigating agency, the Janlokpal shall ensure all requisite compliances.”
The time-frame for completion of investigation for Janlokpal officers is a period of up to six months. “Provided, however, that if required, such officer or agency may obtain extention of time from the Janlokpal, subject to the condition that ordinarily the investigation shall be completed within a period not exceeding 12 months.”
The bill says that the Janlpokpal shall also constitute a prosecution wing and appoint a director of prosecution and such other officers and employees to assist the director prosecution for the prosecution of public servants in relation to any complaint made under the Act. “After the approval of the Janlokpal, the director of prosecutions shall file a case before the special court and take all necessary steps in respect of the prosecution of the public servants in relation to any offence punishable under the Act.”
On quantum of punishment, the bill says that any person convicted shall be punished with rigorous imprisonment for a term which shall not be less than six months and may extend up to 10 years and may, and in rarest of rate cases, extend up to imprisonment for life for special reasons to be recorded in writing and with the fine. The bill specifies that the government may in consultation with the chief justice of the Delhi high court, constitute such number of special courts, as recommended by the Janlokpal to hear and decide the cases arising out of the PCA. “The courts or special courts constituted under the sub-section (1) shall ensure completion of each trial within a period of six months from the date of filing of the case in the court.”
No suit, prosecution or other legal proceedings can be carried out against the Janlokpal in respect of anything done or intended to be done in good faith. “No proceedings, decision, order or any report of the Janlokpal, as the case may be including any recommendation made there under, shall be liable to be challenged, reviewed, quashed, modified or called in question in any manner whatsoever in any court or tribunal.”
The Janlokpal shall maintain proper accounts and other relevant records and shall prepare an annual statement of accounts as prescribed by the government in consultation with the Comptroller and Auditor-General of India.
