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Panel grapples to define Lokpal powers

A senior member of the government dealing with the proposed Lokpal bill admitted on condition of anonymity that the government had no option but to accede to the demands of social activist Anna Hazare and his associates.

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A senior member of the government dealing with the proposed Lokpal bill admitted on condition of anonymity that the government had no option but to accede to the demands of social activist Anna Hazare and his associates though there are problems aplenty in setting up a Lokpal vested with the powers that the supporters want.

When asked as to why the government yielded ground in the first place, he said any negative response from the government, however valid, would have elicited the criticism that the UPA II facing an avalanche of scams was not serious in dealing with corruption.

He said the difficult issue was not whether prime minister should be brought under the purview of the Lokpal. Manmohan Singh is only too willing that the prime minister be placed within the ombudsman’s ambit. But the real challenge is that of including higher judiciary, especially the chief justice of the country. To place a monitoring body above the highest judicial authority is not just a sensitive issue of protocol but it also replicates powers and functions which are now vested with the apex court, he said.

There is however neither a deadlock or confrontation in the committee set up by the government comprising senior ministers  and those from civil society led by Anna Hazare. He said the civil society representatives appreciate the difficulties involved in the matter.

“In my view there is no need for the Lokpal because I think there are institutions and mechanisms to deal with the issue of corruption at any level. For example, PIL is now the most recognised and established mode of challenging the highest in government — both political and administrative — concerning rectitude and integrity,” he said. But he clarified that this was his personal view and not that of the committee or that of the government.

There is also the matter of detail with regard to defining the exact powers and ambit of the Lokpal, which is to be a committee. Is the Lokpal to confine itself to recommending prosecution once it is satisfied that there is prima facie evidence, and hand it over to the investigating agencies? Or will its jurisdiction also include that of monitoring the prosecuting agencies?

If the courts were themselves to monitor the investigating agencies as it is happening now in the case of the 2G spectrum allocation case where the CBI is being monitored by the Supreme Court, will the proposed ombudsman end up replicating the work of monitoring the prosecuting agency?

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