More teeth for Lokayukta - justification and risks

 I have already signed the petition and also drawn attention to another post of empowering Comptroller & Auditor General of India, the century old Whistle Blower (Britishers legacy) whose Audit Reports are completely documented and evidenced.  

- If these paragraphs are taken seriously and his efficiency cum performance audit reports are to be acted upon, every second official in governmental heirarchy can be kept under suspension and the money held under objection running into thousands of crores of rupees are recovered from the perpetrators by finalising cases through a fast track court to be assisted by the officers of CAG, India's deficit budget can be wiped out.

WHY NOT DECENTRALISE corruption? Here is a suggestion and I am open to discussion:

- Decentralise licensing/sanctioning power for anything and everything that needs approval -  distribute the power of sanctioning amongst 2/3 licensing Rajas (conditions apply)

- If I want a building license with a few deviations, I should have the liberty of approaching all the three 'Rajas' and to request them to quote their rates.

- After tender evaluation, I will approve the least corruption Raja, award him the work of doing everything, get the license and deliver it to my home so that I can go ahead with breach the law openly when this Raja comes for inspection and turns a Nelsons eye.  

- The above suggestion clearly brings out the fact that each and every one of us have the tendency to compromise our moral and ethical values for gain and would not mind bribing in some form or the other during our life time.  Ultimately, Law will catch up with the law breaker and screws him whereas the bribe taker would have got his wife a Jarataari Saree.  

- It will be a case of 'Choori karbooja per giraatho kya, karbooja choori per giraatho kya, kaatna karbooja hai'.  Think it over.

- Bang-lureans are the top bribe givers according to a study -Delhi and Mumbai in second and third places. 

- Comment is free but facts are sacred.

- Choice is ours

- Vasanth Mysoremath

   The following is the link to LA portal and the preamble of its home page is produced below.   This has been posted to clearly understand and egg the citizens/prajas to start a movement with/without getting branded as a whistle blower. 

http://lokayukta.kar.nic....

      /Lokayukta has taken up a drive to unearth disproportionate assets acquired by corrupt public servants. Acquisition of wealth disproportionate to known sources of income is punishable under Section 13 (2) r/w 13(1)(e) of the Prevention of Corruption Act 1988  Section 13(1)(e) says that a public servant is said to commit the offence  of criminal misconduct if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary  resources or property disproportionate to his known sources of income.

            For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable a public servant.

            It need not be under emphasized that you can be a useful source for unearthing this disproportionate assets acquired by corrupt public servants.  Your co-operation with the Karnataka Lokayukta to reveal the assets acquired by the public servants would go a long way in preventing corruption.   It is however, requested that the information be given in specific terms i.e., instead of simply mentioning that a public servant has got vast extent of properties, it would be useful if the location of these properties in specific terms is given etc.      It will be ensured that the details that are provided by you will not be disclosed by any one.  If you so wish you need not reveal your name also/.

- Another point that needs to be considered here is with regard to valuation/accounting of confiscated movable/ immovable / gilt edged shares etc., as unaccounted wealth.  

  If a person had acquired a site in 1960s for one lakh rupees, today it may be worth one crore and similar is the case with gold  Will it be fair to announce that LA have unearthed crores of rupees in the form of gold / immovable unaccounted assets with reference to today's market value whereas The person concerned may have incurred loss by paying yearly taxes to concerned authorities?

- Vasanth Mysoremath 

Glad to notice that there is a citizen campaign to empower Lokayukta. This should have been done long back. Wish the Lok Ayukta's mandate is extended to Legistlatures and ministers also.

The battle will be only half won if the other side of the justice system 'Courts' does not delivers in time. Even if the LA becomes empowered to file FIRs and file chargesheet, the real battle is fought in Courts. If the guilty doesn't get punished on time, the truth and justice looses its value. Case in point is Justice Liberhan report after 17 years of the catastrophe.

Unless current judicial delivery system scale up to the challenge of delivering the verdicts in given time frame, all the good work of LA will go waste. Actually the delayed justice process is dampening the spirits and good work of many upright officials in govt departments. How do we address this issue? Judicial reforms along with Police reforms? Long list :).

Meanwhile let us do what we can.

Have heard statements like Karnataka LA is toothless and it can not prosecute the official allegedly involved in corruption with State Government's sanction.

Today Sat down to read what the Lok Ayukta Act has to say on that count. The Karnataka Lokayukta Act, posted on LA website has interesting section under prosecution

14. Initiation of Prosecution.-If after investigation into any complaint the Lokayukta or an Upalokayukta is satisfied that the public servant has committed any criminal offence and should be prosecuted in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned and if prior sanction of any authority is required for such prosecution, then, notwithstanding anything contained in any law, such sanction shall be deemed to have been granted by the appropriate authority on the date of such order.

Isn't this empowers LA to initiate prosecution? Or Am I being very naive or stating legal jargon in simplistic way?

IDS,

The clauses you have quoted are not under prosecution heading. These belong to

13.  Public servant to vacate office if directed by Lokayukta etc.

 (1) Where after investigation into a complaint the Lokayukta or an Upalokayukta is satisfied that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upalokayukta shall make a declaration to that effect in his report under sub-section (3) of section 12. Where the competent authority is the Governor, State Government or the Chief Minister, it may either accept or reject the declaration after giving an opportunity of being heard.  In other cases, the competent authority shall send a copy of such report to the State Government, which may either accept or reject the declaration.  If it is not rejected within a period of three months from the date of receipt of the report, or the copy of the report, as the case may be, it shall be deemed to have been accepted on the expiry of the said period of three months.  

 

(2) If the declaration so made is accepted or is deemed to have been accepted, the fact of such acceptance or the deemed acceptance shall immediately be intimated by Registered post by the Governor, the State Government or the Chief Minister if any of them is the competent authority and the State Government in other cases then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public servant concerned shall, with effect from the date of intimation of such acceptance or of the deemed acceptance of the declaration,