The Centre is considering changes in
anti-corruption legislations to make it mandatory for CBI or
any other investigating agency to seek prior approval from the Lokpal to
probe corruption charges against government servants, a move apparently aimed
at shielding the corrupt.
The government, however, said this was
being done to ensure efficient and transparent working of the employees.
Notwithstanding anything contained in
Section 197 of the Code of Criminal Procedure, or Section 6A of the Delhi Special Police Establishment Act, or Section 19 of
the Prevention of Corruption Act, the Lokpal shall have the power to grant
sanction for prosecution, according to the provisions of the Lokpal and Lokayuktas Act.
This mean CBI
or any other investigating agency need to take permission from the Lokpal at
the Centre and Lokayuktas or similar bodies in the states before probing
corruption charges, officials said.
The 6A clause of the Delhi Special
Police Establishment (DPSE) Act, which governs CBI, says no inquiry or probe
can be conducted into any offence alleged to have been committed under the
Prevention of Corruption Act, except with prior approval of the central
government. Similar provisions exist in the CrPC and PC Act.
The Supreme Court had, in March last
year, held as "invalid and unconstitutional" the legal provision
which makes sanction of competent authority mandatory for CBI to probe a
corruption case against an officer of Joint Secretary-rank or above, saying it
has the propensity of shielding the corrupt.
When contacted, Minister of State for
Personnel, Public Grievances and Pensions Jitendra Singh said
this was being done to ensure efficient and transparent working of the
employees.
"The government does not want to
discriminate against any employee at any level. We want to make a cordial
atmosphere to ensure efficient and transparent working of the employees,"
Singh told PTI.
Source:-The
Economic Times
