GROUP DISCUSSION

A VIEW OF JAN LOKPAL:

KRISHNA: Initiation KUMAR: INTRODUCTION: The first mention of an anti-corruption ombudsman (Lokpal) was made in the early 1960s when Jawaharlal Nehru was the Prime Minister. But it was in 1966 that a Lokpal was proposed at the Centre and Lokayuktas in states In 1968, a Lokpal Bill was presented for the first time in the fourth Lok Sabha. The House passed it in 1969. But while it was pending, LS was dissolved. MANI: The Bill was revived in 1971, 1977, 1985, 1989, 1996, 1998 and 2001. But each time, it was referred to some committee of Parliament. The government has now prepared a rough draft of the Bill. A fresh movement for an effective Lokpal began in 2010 after a series of scams. An alternative draft - Jan Lokpal Bill - was prepared by activists India Against Corruption under the guidance of Karnataka Lokayuktas Justice Santosh Hegde and senior lawyer Prashant Bhushan. MANIKANDAN: Ya sure.. after a very long term struggle a great person MR.ANNA HAZARE now put forth his effort 2 bring the lokpal bill again in our country that makes a great turn over on the politicians, social persons specially on students.. MANOJ: OF course he is correct let me take his point and support Anna hazers actions. And his work towards violence is really auism and now he won too.. MANO: Absolutely he is really a great man

He has requested to have some changes the old govermant proposals of lokpal. Lokpal will have no power to initiate suo motu action or receive complaints of corruption from public. It would probe only complaints forwarded by the Lok Sabha Speaker or Rajya Sabha Chairman. It will enable the ruling party to protect its own. Lokpal will have powers to initiate investigations suo motu in any case and directly entertain complaints from the public. It will not need reference or permission from anyone to initiate investigation into any case.

KRISHNA: Lokpal will be an advisory body. It will forward its enquiry report to "competent authority", which will have the final say. If Lokpal made a report against the PM, will Parliament ever pass a resolution to prosecute him? Lokpal will not be an advisory body. It will have powers to initiate prosecution against anyone after completion of investigations in a case. It will also have powers to order disciplinary proceedings against any government servant. KUMAR: No police powers to Lokpal. All its probes will tantamount to "preliminary enquiries". Even if its report is accepted, who will file chargesheet? Lokpal will have police powers. It will be able to register FIRs, proceed with criminal investigations and launch prosecution. MANI: No mention of the CBI's role after the Bill is enacted. Will CBI lose its powers to investigate politicians? The anti-corruption wing of the CBI will be merged with Lokpal so that there is just one independent body to act against graft. MANIKANDAN: Mild punishment for corruption - minimum 6 months, maximum 7 years

Enhanced punishment - minimum 5 years, maximum life imprisonment.

MANOJ: No provision to recover ill-gotten wealth. A corrupt person can come out of jail and use the money Loss caused to the government owing to corruption will be recovered from all the accused. KRISHNA: The Lokpal will be completely CPIBs independence of action was independent of the government. No more or less guaranteed minister or bureaucrat will be able to constitutionally. It reports directly to influence their investigations the PMs office. KUMAR: The loss that a corrupt person causes Besides fine and imprisonment, the to the government will be recovered person convicted of corruption offence at the time of conviction will be ordered by the court to return the amount of bribe, which he had accepted in the form of a penalty. MANI: The Lokpal can receive complaints Here is an online form that Singapore from the public citizens can use to file a complaint MANIKANDAN: Deterrence has been provided against The CPIB has punished those who have frivolous complaints in the form of tried to take undue advantage of this financial penalties against the law. complainant MANOJ: Lokpal will have complete powers and The CPIB has complete police powers. It machinery to independently has the power to arrest, investigate and investigate and prosecute any officer, search. Search can also be performed judge or politician without warrant, if necessary. MANO:

It will be the duty of the Lokpal to The law guarantees protection of provide protection to those who are identity to the person reporting the being victimized for raising their voice offense against corruption

KRISHNA: Enhanced punishment The The Singapore courts have in the past punishment would be minimum 5 sentenced corrupt officers investigated years and maximum of life by the CPIB to 14 years of imprisonment. imprisonment. KUMAR: Its members will be selected by Here the Singapore law differs in judges, citizens and constitutional application but not on intent. The authorities and not by politicians, appointments to the CPIB are made by through a completely transparent and the President of Singapore who is participatory process directly elected by the people, thus reducing the ability of politicians and bureaucrats to influence the selection process. MANI: Investigations in any case will have to Here the Jan Lokpal Bill deviates be completed in one year. Trial should slightly. However, given that the CPIB be completed in next one year so that manages to clear 98% of its cases the corrupt politician, officer or judge within 90 days, this does not appear to is sent to jail within two years a highly unreasonable clause. MANIKANDAN: SUMMARY MANOJ: SUMMARY MANO: CONCLUSION