New Delhi: The ninth and final meeting of the Lokpal Bill drafting committee ended on Tuesday with both the Government and the civil society drafting two different versions of the citizen ombudsman bill.
While Team Anna and the government blamed each other for failing to arrive at a common blueprint for the anti-corruption legislation, there are nine different points they agreed to disagree on.
Should PM be under purview of Lokpal
Team Anna: YES
Govt: NO
Under the Jan Lokpal Act drafted by the civil society, the Lokpal shall maintain complete transparency in its functioning and shall ensure that full records of any investigation or inquiry conducted under this Act after its conclusion is made public by being put on a public web site. In its chapter VII, no investigation or prosecution shall be initiated without obtaining permission from a 7-Member Bench of the Lokpal against any of the following persons:
i) The Prime Minister and any other member of the Council of Ministers
ii) Any judge of the Supreme Court or any High Court
iii) Any Member of the Parliament
The government draft however says jurisdiction of the Lokpal Bill extends to any person who is or has been a union minister other than the Prime Minister.
Higher judiciary under purview of Lokpal
Team Anna: YES
Govt: NO
The chapter VII of the Lokpal Bill drafted by the civil society states:
No investigation or prosecution shall be initiated without obtaining permission from a 7-Member Bench of the Lokpal against any of the following persons:
ii) Any judge of the Supreme Court or any High Court
The government draft says the Lokpal shall investigate any person who is or has been a member of either House of Parliament, group A officer or equivalent of above who is serving or has served in the union.
Conduct of MPs in parliament included
Team Anna: YES
Govt: NO
The civil society draft states that an "Act of corruption" includes:
i) anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988; which would also include any offence committed by an elected member of a house of legislature even in respect of his speech or vote inside the house.
But the government draft provide that the Lokpal shall not inquire into matter involved in, or arising from or connected with any allegations of corruption against member of either house of Parliament in respect of anything said or vote given by him in Parliament.
CBI & CVC to be merged with Lokpal
Team Anna: YES
Govt: NO
The chapter XVIII of the civil society Lokpal Bill dealing with merger of anti-corruption branch of CBI into Lokpal states:
32. (1) The part of the Delhi Special Police Establishment, dealing with investigation and prosecution of offences under the Prevention of Corruption Act, 1988, shall stand transferred, alongwith its employees, assets and liabilities to the Lokpal. The Central Government shall cease to have any control over the transferred part and its personnel.
Lokpal selection panel must have CAG, CEC
Team Anna: YES
Govt: NO
The chapter II of the civil draft states the Selection Committee shall consist of the following:
(vi) The Comptroller & Auditor General of India
Civil society wants all bureaucracy to be included
Team Anna: YES
Govt: NO
The government wants only the higher bureaucracy covered under the Lokpal Act.
Team Anna wants Lokpal in every state
Team Anna: YES
Govt: NO
While the government disagrees on establishing one or more complaints authority by the Lokpal in each state, the chapter VI of the civil society draft states:
In each State, one or more complaints authority would be established by the Lokpal to entertain any complaints against any officer or staff of the Lokpal.
Amendment of CRPC
Team Anna: NO
Govt: YES
The Chapter XVII of the civil society draft on applicability and modifications of the provisions of certain other acts states
29. (1) Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted. (2) Section 6A of the Delhi Special Police Establishment Act shall not be applicable to the proceedings under this Act.
(3) Section 197 of Cr. PC shall not applicable to any proceedings under this Act. (4) The provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention of Corruption Act whether or not they are transnational in nature. (5) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption Act. (6) The right to file appeals under section 377 or 378 of CrPC shall be exercised by Lokpal. (7) Under section 372 of CrPC, the power to file an appeal shall be with the complainant as well.
(8) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily call for records in cases related to trial of offences in Prevention of Corruption Act during any trial by a special court.
Power to impose fine
Team Anna: YES
Govt: NO
Team Anna says grievance redressal officers should have power to impose fine but the government is against it. The civil society draft states:
It shall be the duty of the Grievance Redressal Officer to get the grievance redressed within a period of 30 days from the receipt of the complaint.
In the event of even the Grievance Redressal Officer not getting the grievance redressed within the specific period of 30 days a complaint could be made to the Lokpal.
The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty not exceeding Rs 500 for each day's delay but not exceeding Rs 50,000 to be recovered from the salaries of the Grievance Redressal Officer.
Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal may also in suitable cases recommend to the appropriate authority to have departmental punishment imposed on the Grievance Redressal Officer.
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