Method of enquiry
Method would be the same as provided in CrPC like in any other criminal case. After preliminary enquiry, an FIR will be registered. After investigations, case will be presented before a court, where the trial will take place
Investigation process provided by the government would severely compromise all investigations. If evidence were made available to the accused at various stages of investigations, in addition to compromising the investigations, it would also reveal the identity of whistleblowers thus compromising their security. Such a process is unheard of in criminal jurisprudence anywhere in the world. Such process would kill almost every case.
Lokayukta
The same bill should provide for Lokpal at centre and Lokayuktas in states
Only Lokpal at the centre would be created through this Bill.
According to Mr Pranab Mukherjee, some of the CMs have objected to providing Lokayuktas through the same Bill. He was reminded that state Information Commissions were also set up under RTI Act through one Act only.
Whistleblower protection
Lokpal will be required to provide protection to whistleblowers, witnesses and victims of corruption
No mention in this law.
According to govt, protection for whistleblowers is being provided through a separate law. But that law is so bad that it has been badly trashed by standing committee of Parliament last month. The committee was headed by Ms Jayanthi Natrajan. In the Jt committee meeting held on 23rd May, it was agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law and that law would also be discussed and improved in joint committee only. However, it did not happen.
Special benches in HC
High Courts will set up special benches to hear appeals in corruption cases to fast track them
No such provision.
One study shows that it takes 25 years at appellate stage in corruption cases. This ought to be addressed.
CrPC
On the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders.
Not included
Punishment for corruption
Maximum punishment is ten years
Higher punishment if rank of accused is higher
Higher fines if accused are business entities
If successfully convicted, a business entity should be blacklisted from future contracts.
None of these accepted. Only maximum punishment raised to 10 years.
Financial independence
Lokpal 11 members collectively will decide how much budget do they need
Finance ministry will decide the quantum of budget
This seriously compromises with the financial independence of Lokpal
Tap phones
Lokpal bench will grant permission to do so
Home Secretary would grant permission.
Home Secretary is under the control of precisely those who would be under scanner. It would kill investigations.
NGOs
Only government funded NGOs covered
All NGOs, big or small, are covered.
A method to arm twist NGOs
False, Frivolous and vexatious complaints
No imprisonment. Only fines on complainants. Lokpal would decide whether a complaint is frivolous or vexatious or false.
Two to five years of imprisonment and fine. The accused can file complaint against complainant in a court. Interestingly, prosecutor and all expenses of this case will be provided by the government to the accused. The complainant will also have to pay a compensation to the accused.
This will give a handle to every accused to browbeat complainants. Often corrupt people are rich. They will file cases against complainants and no one will dare file any complaint. Interestingly, minimum punishment for corruption is six months but for filing false complaint is two years.
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