Political Career for Indian Youth- Draft Jan Lokpal Bill - part 5

Draft Jan Lokpal Bill - part 5

Recovery of Loss to the Government and punishments
19. Recovery of loss to the Government: When a person is convicted of an offence under the Prevention of Corruption Act 1988, then the trial court shall quantify the loss caused to the government and additional gains that the accused would have earned by investing the proceeds of corruption and apportion such total amount amongst various convicts from whom this money must be recovered as arrears of land revenue.
19A. Punishments for offences: For offences mentioned in Chapter III of the Prevention of Corruption Act, the proviso to section 2(4) of this Act and section 28A of this Act, the punishment shall not be less than one year of rigorous imprisonment and may extend upto life imprisonment.
Provided that the punishment shall be more severe if the accused is higher in rank.
Provided further that if the offence is of the nature mentioned in the proviso to section 2(4) of this Act and if the beneficiary is a business entity, in addition to other punishments mentioned in this Act and under the Prevention of Corruption Act, a fine amounting to five times the loss caused to the public shall be recovered from the accused and the recovery may be done from the assets of the business entity and from the personal assets of all its Directors, if the assets of the accused are inadequate.
Dealing with complaints against judges of High Courts or Supreme Court
19B. Receiving and disposing complaints against Judges of High Courts or Supreme Court: (1) Any complaint against any Judge of a High Court or Supreme Court shall be dealt only by the office of the Chairperson of Lokpal.
(2) Each such complaint shall be subjected to a preliminary screening, which shall determine whether prima facie evidence exists of an offence under Prevention of Corruption Act. The screening shall be done by a member of Lokpal, who shall then present his findings to a full bench of Lokpal.
(3) A case shall not be registered without the approval of a full bench of Lokpal with majority of members of that bench being from legal background.
(4) Such case shall be investigated by a special team headed by an officer not below the rank of a Superintendent of Police.
(5) A decision whether to initiate prosecution shall be taken by a full bench of Lokpal with majority of members with legal background.
Whistleblower protection
20. Protection of Whistleblower: (1) A whistleblower may seek the protection of the Lokpal if he has been subjected to or threatened with, professional or physical victimization.
(2) On receiving such a complaint, Lokpal shall take following steps:
(a) Professional victimization: If after conducting appropriate enquiries, the Lokpal feels that there is a real threat to the whistleblower on account of having made an allegation under this Act, it shall, as soon as possible but not more than a month of receipt of such complaint, direct appropriate authorities to take such steps as directed by the Lokpal.
(b) If a whistleblower complains that he has been victimized professionally on account of making an allegation under this Act and the Lokpal, after conducting enquiries, is of the opinion that the whistleblower has been victimized for having made an allegation under this Act, it shall, as soon as possible but in not more than a month, direct appropriate authorities to take such steps as directed by the Lokpal.
Provided that for clause (a) the Lokpal may, but for clause (b) the Lokpal shall, also issue orders imposing appropriate penalties under relevant Rules against the government servants who issued threats or caused victimization.
Provided further that no such penalties shall be imposed without giving an opportunity of being heard to the affected government servants.
(c) Threat of physical victimization: Lokpal shall conduct appropriate enquiries and if it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this Act or for having filed an RTI application to any public authority covered under this Act, then notwithstanding anything contained in any other law, the Lokpal shall pass appropriate orders, as soon as possible but in not more than a week, directing appropriate authorities, including police, to take such steps as directed by the Lokpal to provide adequate security to that person, to register criminal cases against those who are issuing threats and also to take all such steps necessary to mitigate circumstances leading to such threat.
Provided that if the threat is imminent, Lokpal shall act immediately, within a few hours to prevent physical assault on that person. If the complainant wishes to meet the Chairperson or a member, he shall be entitled to talk to them either on phone or through video conferencing or in person, according to the desire of the complainant.
(d) If a person complains that he has already been physically assaulted on account of making an allegation under this Act and if Lokpal is satisfied after conducting enquiries that the person has been assaulted because of his having made an allegation under this Act or for filing an RTI application in any of the public authorities covered under this Act, then notwithstanding anything else contained in any other law, the Lokpal shall pass such orders, as soon as possible but in not more than 24 hours, directing the concerned authorities to take such steps as directed by the Lokpal to provide adequate security to that person, to register criminal cases and also to ensure that no further harm visits on that person. If the complainant wishes to meet the Chairperson or a member, he shall be entitled to talk to them either on phone or through video conferencing or in person, according to the desire of the complainant.
(da) If a whistleblower alleges that police or any other authority has registered or initiated any case against the complainant or any other person on account of making a complaint under this Act or for using RTI Act, the Lokpal may, on the basis of enquiries, issue orders to appropriate authorities, to withdraw such case.
(db) In case of threat of physical victimization or if any person has been assaulted, that person, or any other person may complaint to any office of Lokpal anywhere in the country and it shall be the duty of that official of Lokpal to forward such complaint immediately to appropriate officer within Lokpal.
(dc) Lokpal may delegate the responsibility of providing protection to whistleblowers to upto the level of Vigilance Officers and in such case, such officers shall have the powers to direct the appropriate authorities, including local police, to take such steps as are necessary to ensure protection of that whistleblower.
(dd) If, after making a complaint to the Lokpal, any person is still assaulted, the concerned officials in Lokpal will be held responsible for criminal dereliction of duty or connivance or both, unless they are able to prove otherwise.
(e) If the whistleblower has alleged an act punishable under Prevention of Corruption Act, then for cases under clause (c), Lokpal may and for cases under clause (d), the Lokpal shall, assign the allegations made by that person to a special team, put it on a fast track and complete investigations in that case in not more than a month.
(f) If the whistleblower has alleged an act punishable under any law other than the Prevention of Corruption Act, then for cases under clause (c), Lokpal may and for cases under clause (d), the Lokpal shall, direct the agency which has the powers to enforce that law to assign the allegations made by the whistleblower to a special team, put it on a fast track and complete investigations in that case in such time as directed by the Lokpal.
(g) Lokpal shall have the powers to issue directions to appropriate agencies in the cases covered under clause (f), monitor such investigations and if necessary, issue directions to that agency to do the investigations in the manner as directed by the Lokpal.
(h) Whistleblowers, who face threat of physical victimization or are actually assaulted may directly approach the Chairperson of Lokpal who shall meet them within 24 hours of their seeking such meeting and shall take appropriate action as per provisions of this Act.
(3) If any complainant requests that his identity should be kept secret, Lokpal shall ensure the same. Lokpal shall prescribe detailed procedures on how such complaints shall be dealt with.
(4) Lokpal shall Issue orders to the Public Authorities to make necessary changes in their policies and practices to prevent recurrence of victimization.
(5) Lokpal shall make appropriate rules for the receipt and disposal of complaints from whistleblowers.