Saturday, June 25, 2011

How will Jan Lokpal or Jan Lokayukta tackle corruption at High Levels?

Presently the governments have created multiplicity of anti-corruption agencies. They are directly controlled by the govt and the ruling party and are completely ineffective. Unless any court monitors investigation in a case, nothing comes out of their investigation. Thus it is proposed that all these anti-corruption agencies should be merged and one independent body be created to do honest investigations.

At Central Level, anti corruption wing of CBI, Central Vigilance commission and internal vigilance wings of all dept should be merged into Jan Lokpal.
At State Level , anti-corruption branch of state police, the state vigilance department and internal vigilance wings of all departments should be merged into Jan Lokayukta of that State.

This will do away with multiplicity of anti-corruption agencies.

When any corruption complaint is made by any citizen, they will have to complete its investigation within one year. After which they will file a case in appropriate trial court. And the trial court will have to complete the trial and announce punishment within a year. If required, they will have powers to employ more officers to complete investigations and can direct the government to set up additional courts to complete the trial in time.

If complaint is proved, they will have the powers to remove a govt officer from job.

if complaint against a minister are substantiated through an enquiry or investigation, they will be able to recommend removal of that minister (other than the PM).

List of moveable and immoveable assets of the accused can be notified by Jan Lokpal or Jan Lokayukt, if during investigations, it comes to believe that prosecution is likely to be initiated. These assets cannot be transferred after such notification. Loss to exchequer quantified at the time of conviction could be recovered from the sale of these assets.

At the time of conviction, the court will make an assessment of the loss caused by the accused, which shall be recovered. If the beneficiary of the corrupt practices is a business entity, five times the loss caused to the government will be recovered. The recovery may be done from the assets of that business entity or the personal assets of its directors. ( Currently, there is no provision in our law to recover the public funds that have been misappropriated or make up for the loss to the exchequer on account of corrupt practices.)

0 comments:

Post a Comment