NEW DELHI, Feb 1:
Leader of the Opposition in the Rajya Sabha Arun Jaitley today said the government’s stand on the proposed Lokpal Bill was ‘diluting’ the anti-graft legislation.
In an article, Mr Jaitley said he disagreed with the changes and deletions made by Union Cabinet yesterday in provisions including notice to a public servant by the Lokpal before he embarks upon consideration of the complaint against the public servant and change of investigating officer without the approval of Lokpal.
“The government has now proposed certain amendments to the report of the Select Committee (Rajya Sabha Select Committee). Minister in-charge of the Department of Personnel V Narayansamy has stated that two recommendations of the Select Committee have not been accepted by the government,” he said.
Mr Jaitley, who is also a member of the Select Committee, said the report of the panel was the property of the House and under the Rules of Procedure for Conduct of Business in the Rajya Sabha, once a report was presented to the House by a Select Committee, the government has no authority to amend the report.
The senior BJP leader said the panel had consciously deleted the provisions with regard to the Lokpal granting an opportunity of hearing to a public servant while deciding whether to embark upon an inquiry against the public servant or not.
Mr Jaitley said, “suddenness and surprises are the essence of an investigation” and any prior notice to a public servant by the Lokpal would enable him to remove the entire evidences of wrongdoing.
“The right of the public servant to be heard is only at the stage of trial and not otherwise,” Mr Jaitley said.
The Leader of the Opposition in the Rajya Sabha further said if during investigation an officer probing a case was sought to be moved out, “ostensibly on the ground of administrative exigencies”, prior approval of the Lokpal should be necessary.
“There is no plausible reason why the government has chosen to reject this recommendation of the Select Committee which would have strengthened the institution of Lokpal,” he said.
Mr Jaitley said he along with some other panel members had suggested that an outgoing CBI Director should not be offered a job in the government.
“He should not be eligible for any such employment. The desire of a future favour can influence the CBI Director while conducting himself in the investigating agency. Unfortunately, this suggestion did not find favour with some other colleagues in the committee,” he said.
Mr Jaitley said there was a “strong rationale” for acceptance of this suggestion that a CBI Director should not be eligible for re-employment in the government.
Mr Jaitley also disagreed on religion-based reservation in Lokpal.
“Any form of reservation which is outside the constitutional scheme is vulnerable. The provision for reservation on basis of religion thus needs to be re-looked,” the BJP leader added. (UNI)
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