Lokpal Bill Public Consultation

Pankaj Sachdeva Says:
# A2683LB May 30th, 2011 at 5:57 pm

After reading the open issus in summary of Lokpal Bill I have following views:
1. Prime Minister should not be covered under Lokpal. -- Depending upon certain criterion include all including PM/Chief Justice. There might be a slightly longer process but LokPal should be one omnipresent body to look at corruption at all levels.
2. Judiciary should not be covered under Lokpal. -- So nobody cares about justice at all?
3. People’s Grievances should not be covered under Lokpal, else Lokpal will get burdened. -- Set a number of cases or target depending upon size of Lokpal and LokAyukta and take up those Grievances for which time frame can be set for resolution. e.g. Only take Grievances submitted before 5th of every month. Maintain a stop if total number of open cases is more than 100.
4. Lokpal should not be given the responsibility of providing protection to whistleblowers. -- It should have complete say in the matter or people will be killed.
5. Lokpal should only investigate a few high profile cases of corruption. -- What are high profile cases? Who will determine if it is a high profile case?
6. CBI,CVC and departmental vigilance should not be merged into Lokpal. Let Lokpal be a small body and let the existing anti‐corruption bodies keep functioning in the manner that they have been functioning. -- If the accused goes to court whose view court will uphold Lokpal/CBI/CVC? They will just become tools in the hands of
politicians/bureacrats to stall the Lokpal. There must be objectivity and clear view regarding functioning of Lokpal and these organizations will blur/diffuse Lokpal.

PRATEEK SACHDEVA Says:
# A2678LB May 30th, 2011 at 1:56 pm

I have read the entire draft of the Lokpal Bill and i found it flawless.Yet there are some recommendations that will make it more powerful and flexible.
1.The Lokpal should have powers to remove any (corrupt /criminal/accused or anyone against whom any case is pending in any court)Minister /MLA/ MP /judge/ public servant BY ITSELF.The decision to remove them should not be rest with government but with the chairman of Lokpal/Lokayukta.
2.The commitee should not include members from the government like they are presently.
I hope that god shall give you all energy to serve the nation and you may help the nation to eradicate corruption from its roots

Promod Kapur Says:
# A2677LB May 30th, 2011 at 1:37 pm

When an entity asks for a legitimately due of refund , or applies for refund from the government, the officer receiving the application should ask for any additional information/clarification required to process the application after due diligence only once and dispose off the application within 30 days after receiving the additional information sought from the applicant. Delay in processing by repeatedly asking queries indicates that the official is expecting bribe to dispose the application by repeatedly raising frivolous queries and delaying the process. Such acts should also be deemed covered by the Lokpal/Lokayukta and covered under the Citizens Charter..

There are instances where the official or a team of officials, each in connivance with each other have harassed applicants by deliberately delaying process of giving refund.

B A Madhusudhan Says:
# A2645LB May 29th, 2011 at 8:45 pm

Hello:

I have attached a document that makes out a case for having someone in the lines of a "Public Procedure Officer" in each department/government office. Such a position is absolutely essential to reduce corruption and the attached document states why.
Thank you.

RAJESH PANDEY Says:
# A2643LB May 29th, 2011 at 7:16 pm

I have an impression that the people who drafted the Jan Lokpal Bill are not familiar with the provisions of the Prevention of Money Laundering Act, 2002, especially after inclusion of Section 13 of the Prevention of Corruption Act, 1988 in the Schedule of offences under the Prevention of Money Laundering Act, 2002, with effect from 01.06.2009.

The Prevention of Money Laundering Act, 2002 is a very good law as it enables taking over the ill gotten wealth of Public Servants in a time bound manner and the procedure is free from delays caused by courts' adjournments and interlocutory Orders. Already, properties of prominent politicians and bureaucrats have been attached under this Act. There is a need to make use of the Prevention of Money Laundering Act, 2002 by the Lokpal due to the following benefits :

(i) The Prevention of Money Laundering Act, 2002 has a timebound mechanism to take over properties of corrupt public servants, through a quasi judicial route.
(ii) The Statements recorded before the officers enforcing the Prevention of Money Laundering Act, 2002 (Officers of Directorate of Enforcement) are admissible in the Court of Law, unlike the statements recorded before the Police Officers. Thus useful evidence is gathered during recording of statements under the Prevention of Money Laundering Act, 2002.

So please consider amendment of the following Sections of the Draft Jan Lokpal Bill version 2.2 -

9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal
(a) has reason to believe that any person. –
(i) to whom a summon or notice under this Act, has, been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or
(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection,
It may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to, -
(i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;
(ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;
(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.
Seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;
(iv) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or
(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or other valuable article or thing.

If you need, I can send the draft Sections.

Also the advantages and disadvantages of making Lokpal a Police Officer may also be evaluated.

Mudireddy Suresh Says:
# A2642LB May 29th, 2011 at 7:13 pm

In future, India planning to spend lacs of crore ruppes on infrastructure building across the country. This activity involves private companies/contarctors participation under Govt officers quality checking and we know how much corruption involved in the infrastrructure (Roads, Drinage, Bridages ...etc) development part and how Governemant servents helping the private companies (By providing loopholes to extend the contarct amount ) to loot the public money. So my question is

How the praposed Janalokpall bill will address the issue with these corrupted private companies/contractors and Governamnet servents and how we can confiscate the public money lost to these elements ?

How it will ensure contractors should be bind to 100% quality in the work they done and give accountability of each paisa spend in that work ?

Dr S.R.Paul Rtd Professor Says:
# A2640LB May 29th, 2011 at 5:12 pm

May i submit the followings 1- Number of appeals should be fixed2-the provision for false complainants should be incorporated so that honest people could have safe guard . Dr S.R.Paul

Yadvendra Says:
# A2631LB May 29th, 2011 at 1:16 pm

This is the beginning of end of the corrupt system.
The Under mentioned correct procedures has to be to adopt as first step, to clean corrupt Govt. operating system
• Every responsible(Key) Govt. Officers will have to maintain a register/(Mail –ID) which will be similar to Black Box in Aero planes . It will contain entries by officer explaining the circumstances which has deviated him from his duty or under which he was forced to perform wrongly in the influence of some external pressure. All the entries shall be backed by proof supporting his point/view/threat perception.
• With the above arrangement Honest officer will have the opportunity to record the wrong thing undergoing in his dept. Without any fear from his bosses/Superiors.
• The register/mail ID shall be fully confidential. The officer shall be free to make regular entries in the said register(Mail ID). These entries will be taken as proof/clue during any scam if detected for investigation. Complete recording of the officer shall be treated as confidential. Only Lokpal will be able to acess the confidencial register, that also after taking concent of the concern officer as per requirement of the investigation.
• The major benefit with the above system will be registering all the corruption related crime & protection of interest of honest officers /engineers.
Other measures are : • Except elected leaders all Govt. post and promotions shall be time bound .And retirement shall be at fixed age. So that chain system of wrong /corrupt people can be broken & chance to be given to younger generation. • Pan no. shall be compulsory for booking Train Ticket OF AC CLASS , Plane Ticket and car owners on road, Person with mobile bill more than six hundred rupees , for LPG gas cylinder booking etc.

jai hind

Akash Gogri Says:
# A2629LB May 29th, 2011 at 12:34 pm

There is a case for publishing a monthly tabloid for giving data about work done by the Lokpal. This will ensure transparency in the working of the Lokpal and also help gain public confidence.

Somashekhar.R Says:
# A2627LB May 29th, 2011 at 12:10 pm

Most of the corrupt people would not keep much of the assets in their name.So there should be some provisions to find out the assets made by corrupt person but assets held in other names.In the draft bill it says "Lokpal
or Lokayukta will have the powers to notify the list of moveable and immoveable assets of the to be attached ifsed to be attached if, during investigations,the people’s commissions come 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.

It should not be only the asset of the accused,but also assets of the accused immediate family members,Wife,brothers,sisters provided there are sufficient evidence other family members do not have any source of income from their own earnings,but the sources of income made by the accused through money earned by corrupt means.

We need to have some provisions to make changes in current election process.Most of the young generation will not vote due to the reason since all the candidates are corrupt.,it does not make any change by voting to any person.So there need to be "a negative voting system" in which we can do negative voting.So in that case most of the current corrupt politicians would be eliminated by getting elected by attracting minority people through illegal means.This also provide opportunity for honest people to contest in elections without spending much money.The whole processes of rel election may take sometime.

We need to have some provisions for transparency in public spending.In most of the cases in rural as well as urban areas funds would have sanctioned in crores for many years but still the infrastructure remains the same without much of the changes.