Delhi government's Lokpal to watch CM, guard whistleblowers

NEW DELHI: The Delhi government on Monday approved the final draft of the Delhi Lokpal Bill 2014, which brings the chief minister and his council of ministers under the anti-corruption watchdog. Promising to create a Lokpal panel of 10 members with powers to award even a life imprisonment, the bill also gives the authority powers to take suo motu cognizance of corruption-related acts and extend protection to whistleblowers exposing corruption within their departments and agencies.

The minority AAP government may find it difficult to get the bill passed as Congress, which gives it outside support, may not back the it. The bill will be tabled in a special session of the assembly, to be held from February 13 to 16.

Unlike the central Lokpal, the selection panel for Delhi's Lokpal will include just two politicians-the chief minister and the leader of opposition. Others in the panel will be two judges of the high court (nominated by a full court of HC), a former Lokayukta and two eminent citizens to be selected by other members of the selection panel. The selection process "will be transparent and free of political control", a cabinet minister said.

The anti-corruption bureau (ACB) will serve as the investigating arm of Lokpal while the directorate of prosecution-now answerable to Delhi government-will act as its prosecuting wing. Lokpal will have powers to prosecute officers of Delhi Police and DDA, both falling under the Centre.

In a major departure from the past, the Delhi government has also decided not to send the draft to the Centre, arguing that the Constitution doesn't require it. "It is only a precedent. Constitutional experts have said neither Article 239A of the Constitution nor the NCT Act of Delhi 1991 makes any demand on the state to seek prior reference to the Centre for any legislative proposal," a source said.

Other highlights include a right of protection to honest officials, whistleblowers and witnesses as well as time-bound investigation and trial of corruption cases. If the beneficiary of an offence is a business entity, the guilty, besides the regular punishment, will have to pay a fine up to five times the loss caused to the public exchequer. Their properties may also be seized.

"The government is committed to provide a strong deterrent against corruption and considers the Lokpal bill to be the bedrock in its endeavour for a graft-free system," minister Manish Sisodia said. The draft is "one of the most widely debated bills in India's parliamentary history over the last few decades", he claimed. Sisodia also pointed out there was no "special privilege" or safeguard for either the chief minister or his ministers.

Advocate Rahul Mehra, who was part of the drafting panel, said that it would act as a deterrent due to the promise of "certainty and swiftness" of punishment to corrupt. "In case of failure to act in a time-bound manner, Rs 25,000 can be deducted from a government servant's salary," he said.