By Advocate H.C. Arora : PM should be covered under Lokpal Bill, but investigation proceedings against the PM till the Lokpal comes to conclusion that a prima facie case has been made out against the PM, the entire proceedings of Lokpal should be held in camera.
After a prima facie case is made out against the PM, the Lokpal shall refer the matter to Chief Justice of India for appropriate instructions in the matter before initiating prosecution of the PM in the Special Court.
Citizens’ Charter must not be included in Lokpal Bill, as the Lokpal should not be seen imposing petty punishments of fine etc. on defaulter-Public servants. Lokpal Bill should have an enabling provision for appointment of Lokayuktas in the States.
Lokpal should have right of superintendence over Vigilance departments in the Central Government, and the Lokayuktas should have similar superintendence over employees in Vigilance departments of States.
A selection committee of (i) PM, Leader of Opposition, Home Minister, One Retired Supreme Court Judge and one retd. Chief Justice of the High Court (to be nominated by CJI) should select Lokpal. The petitions for removal of Lokpal should also be considered by the similar Selection Committee.
POLITICIANS MUST NOT BE APPOINTED AS LOKPAL OR ITS MEMBERS
No person who contested election to Parliament or any State Assembly or has been a Member of either House of the Parliament or of any State Legislature at any time during the last 10 years, should be appointed as Lokpal or its Member
ALL THOSE NGOs WITH WHOM ANY PUBLIC SERVANT IS ASSOCIATED, SHOULD BE BROUGHT UNDER LOKPAL.
All NGOs, like Suvidha Societies, Red Cross Societies, Sports Clubs, Parent-Teacher Associations, Police Welfare Associations, Unit Run Canteens in the Army, etc., etc., should be brought under the Lokpal.
SUGGESTIONS ON PUNISHMENTS FOR OFFENCES
Minimum sentence on conviction for corruption should be raised to 4 years.
Complaint should not be punished on complaint not being proved. Public servant should proceed against the complaint under ordinary criminal remedies.
Non-declaration of assets by a public servant should be treated as an offence, punishable with six months’ imprisonment.
COMPENSATION TO PUBLIC SERVANT ON ACQUITTAL
* Once the Lokpal holds that no prima facie case is made out against a public servant, he should also pass order for giving him compensation on prescribed scales.
* Once the Special Court holds that no case is made out against a public servant, he should also pass order for giving him compensation on prescribed scales.