Attorney general Goolam E Vahanvati has warned that some of the provisions in the Lokpal Bill on probing complaints of corruption could be challenged in courts and suggested changes to avoid this pitfall.
In his deposition before the Rajya Sabha select committee on the bill, the attorney general said the procedure suggested for an investigating agency to submit its inquiry report to the anti-corruption watchdog for further action could lead to "complications".
Citing an example, he is learnt to have said that if the Central Bureau of Investigation (CBI) and the Lokpal differed on closure of a case, the accused could allege discrimination and approach the courts for legal remedy.
"If CBI reports that the case should be closed, but Lokpal insists on filing a charge sheet, what will happen...," he said.
"In my view, all loopholes should be plugged and a solution [should] be found to avoid possible legal challenge to any provision of the bill."
His opinion is now being used by opposition members on the committee to seek changes in the provision on procedure to handle complaints, saying it was not in accordance with criminal law.
His opinion comes ahead of the winter session of Parliament, when the panel has to submit its report to the upper house.
The provisions on handling complaints of corruption are part of the bill passed by the Lok Sabha last year.