Jump to content
  • 0
smbhappy

Every Citizen will be a Lokpal by Simply Repealing of Section 19 of the Prevention of Corruption Act 1988

Question

smbhappy

Every Citizen will be a Lokpal by Simply Repealing of Section 19 of the Prevention of Corruption Act 1988

 

By

Surendera M. Bhanot

 

"The Jan Lokpal or Lokpal" is a burning issue these days. The rti community cannot be remain unmoved by it. Here is a little suggestion in this regard

 

The main reason for the corruption in the country is the presence of Section 19 in the Prevention of Corruption Act 1988 (PCA).

 

Under Section 19, prior permission of the Government is necessary before launching prosecution of an accused. Government seldom gives permission and all culprits go scot-free, mainly because in most cases the corrupt practices were adopted to please the political bosses.

 

The whole exercise of Lokpal Bill and the Jan Lokpal will be redundant, if only Section 19 of the PCA is repealed.

 

Section 5 of the PCA provides – A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973, for the trial of warrant cases by Magistrates [ss 5(1)]. And the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor.[ss5(3)]. So any complainant is deemed to be a "PUBLIC PROSECUTOR". In other words every person conducting a prosecution is a Lokpal or Lokayukt, by himself.

 

This is what Dr. Sunramanium Swamy, Janata Party MP from Tamil Nadu had pleaded in his petition before Supreme Court (Under Article 32 of the Constitution of India read with Section 5 of the PCA) to allow him to prosecute A. Raja as the Government has failed to act. Only after receiving a Notice from the Supreme Court, did the government acted and Raja is behind the bars. His many petitions are pending and more skeletons will tumble out of cub-boards in coming months.

 

Both, The Civil Society Jan Lokpal Bill as well as Government Lokpal Bill aims that the Lokpal will take cognizance of any offence under the Prevention of Corruption Act 1988 (PCA) and Section 19 will not be applicable in such cases. This means both the bills, in effect, are envisaging doing away with the requirement of Section 19 of the PCA. So the whole gamut of the Lokpal Bills lies in Section 19.

 

A corrupt practice is not the official functions of a Government Officer or a Government Employee. He has to act within the oath he allegiance to the Constitution of India. He has to function with the utmost sincerity to serve the nation and the custodian of the Constitution of India – The People of India. If he functions beyond this, he is no more performing a Government Duty. Rather he is abusing the power and authority given to him and indulging in unlawful practices. For his such acts that are done while performing the lawful duty, are private affairs and abuse of the power and authority. No protection of Section 19, should otherwise available to him. So the Section 19 is a meaningless obstruction in the whole scheme of the PCA. Presence of Section 19 in the PCA is a great boon to the Corrupt Officers and Officials and a great tool for their Political Bosses to protect them.

 

Section 5 and Section 19 are reproduced below for ready reference.

Share this post


Link to post
Share on other sites

9 answers to this question

Recommended Posts

  • 0
smbhappy

In the Draft Lokpal Bill (Sarkari bill or Jokepal Bill), the following has been institutes in CHAPTER XVII

 

APPLICABILITY AND MODIFICATIONS OF THE PROVISIONS OF CERTAIN OTHER ACTS

29. (1) Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted.

(2) Section 6A of the Delhi Special Police Establishment Act shall not be applicable to the proceedings under this Act.

(3) Section 197 of Cr. PC shall not applicable to any proceedings under this Act. 29

(4) The provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention of Corruption Act whether or not they are transnational in nature.

(5) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption Act.

(6) The right to file appeals under section 377 or 378 of CrPC shall be exercised by Lokpal.

(7) Under section 372 of CrPC, the power to file an appeal shall be with the complainant as well.

(8) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily call for records in cases related to trial of offences in Prevention of Corruption Act during any trial by a special court.

Provided that if the court calls for records, the same shall be returned within a month.

(9) Any permission which is required under any law for initiating investigation or initiating prosecution under any Act shall be deemed to have been granted once the Lokpal has granted permission to initiate investigation or prosecution for any offences under the Prevention of Corruption Act.

(10) The power of the Lokpal to investigate offences under the Prevention of Corruption Act shall be with the Lokpal notwithstanding any provision in the Money Laundering Act, 2002.

(11) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988 to try offences under such act shall be with the Special Court notwithstanding any provision in the Money Laundering Act, 2002.

(12) The appropriate Bench of the Lokpal shall be deemed to be the designated authority under Section 5 of the Indian Telegraph Act empowered to approve interseption and monitoring of messages or data or voice transmitted through telephones, internet or any other medium as covered under the Indian Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations made under the Indian Telegraph Act 1885.

 

This deletion of some provisions Section 19 is the main thing. But it will be only, if the matter is brought before e Lokpal. So the jurisdiction of the common man is still under seize. Section 19 must be deleted for all intent and purposes, so that a common man may use Section 5 of the Prevention of Corruption Act as an anti-corruption tool

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
JOYINDIA

NO LOKPAL OR PUBLIC-PAL WILL SUCCESS UNLESS OWN-SELF FEELING IN EVERYONE

 

I support anna. List of problems and situations people often come across

________________________________________

I wholeheartedly support Anna for this movement.

 

 

Corruption and bribes have become very common and almost appearing as fundamental rights to most of the government officials. "Stop offering bribe" is a very common sentence often we hear from our leaders, well known personalities and stars.

I think we need to be practical here and should know the realities.

 

 

Corruption Is Both In Government and Private Sector’s, In Government Sector in Name of BRIBE and In Private Sectors in Two or Many Name’s “OIL” and “Selfish Act”

 

 

Here is list of problems/issues and situations people often come across –

 

 

1) Passport application - No matter how well and neatly you

filled up the application, spelling mistakes are inevitable

either in your name or your father's name/address.

 

Any mistake in your passport is a penalty in terms of money and

effort but it’s a reward for officials. This is not the end of

story..Needless to elaborate.

 

 

 

2) Flat/house registration

 

3) Flat/house mutation

 

4) Driving license

 

5) Road Tax deposit/Papers - motor vehicle dept

 

6) Railway ticket - RAC to berth (TT oh my God...I have never

seen any of them ......!!!!)

 

7) Shifting home within or to another city

 

8) Receiving shipments from Railway station

 

9) Mobile/valuable lost case reporting to police station

 

10) Sale tax

 

11) Vendors to get payment from government sectors

 

12) Inspection and clearance and certifications from government dept.

 

13) Import/Export duty - Custom clearance

 

14) Interstate consignment - VAT related paperwork

 

15) Utility connection (gas/water etc)

 

16) Reporting a harassment case to police against local mafia/gunda

 

17) Didn't receive admit card in time for a competitive exam

 

18) Son/daughter just got 5 marks in a subject in 10th/12th board exam. Paper review process.

 

19) Footpath is 90% occupied by hockers

 

20) Not able to manage escalated education fees for my child.

 

21) Hospital asking for high registration fees

 

22) Unable to bear medical fees

 

23) Bed not available in Govt hospital

 

24) Admission fees very high in private hospital - don't know where to go

 

25) You know patient is already dead. Doctors kept the patient on ventilator/life support. Medical bill started crossing several lacs.

 

26) Patient is not recovering. Hospital not releasing the patient.

 

27) Private College/University not publishing name and rank details of candidate appeared for exam

 

28) Death certificate and police clearance and cargo booking

 

29) Cremations and government appointed helpers and issues

 

30) Collect ration from ration-shop

 

31) Traffic police stopped your car and asked you to wait till senior officer comes

 

32) You are enjoying a cup of tea from road side tea stall close you your home/flat,

suddenly police raided the area and you are picked up and locked inside police station.

Nobody is listening to you and you have to prove that you are innocent.

 

33) You are on long drive with your family and while passing a small city, your car is stopped at police kiosk.

 

Your papers are OK but still you are asked to wail till senior police officer arrives. You waited for couple of hours but no senior officer

arrived. You don't how long you will have to wait.

 

 

34) Situation as described in 33. You asked police how long you will have to wait. They threaten you and asked you to keep quite.

 

You stared an argument and at the end you are detained/thrashed for no reason.

At the end, if you are lucky you would be given a choice to pick up charges they can book against you (theft, robbery, rushes driving and attempt to murder etc). A man in uniform with guns but without well education is a big threat to society.

 

35) Report a corruption case/illegal deal happening close to your home/flat.

 

36) Situations 31 - 35 are so serious that if you start arguing logically, you will be pushed to an extend beyond your imagination.

 

Your family may end up losing you.

 

37) Birth certificate

 

38) Common medicines which are supposed to be there in government hospitals at remote places are often go out of stock.

 

But those are available nearby private medical shop.

 

39) No regulatory bodies in many cases. Nexus between regulatory govt bodies and private companies/service providers to extract public money.

 

40) Ruthless corruption in government aided projects. Very common and regular way of siphoning public funds.

 

41)IT Training institute Opening as like umberalla with backend Polticans..TAX along with installment date fixed but Timely and do proper output and if there Problem okay if Student there Chance to Earn when Enrollment Amount PAID and at given time many lapses from Institute Side then Why Institute don’t Compensate..as After payment Why a Student is harassed or Breakup fees etc are Over Charged..They Will Make RULE and We Customer as ownself so would Suffer…ask Media to invst NIHT and Infouniv Duration 2006 – 2007 2008 – 2010 (March – April Scenario the Change )

 

 

This list is endless. People who are running small/medium/large businesses, know ground realities very well.

 

How often our leaders,stars themselves reach government offices by availing public transport and be a part of common people's queue ?

 

Actually, our leaders,stars get these jobs done by agents/third parties and many of these are not applicable to them.

 

Even if the need be, they do it through VIP quota. They go to 1st world countries for ailment and then come back to INDIA after recovery and then start advising people to have faith on government hospitals.

 

 

Privileged, rich and powerful people having political affiliation often live in a virtual INDIA and therefore never encounter above listed issues so do not admit presence of such issues.

 

What common people have to face is the ground reality and real face of INDIA.

 

A very strong lokpal is needed to curb corruptions and I do support Anna.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
JOYINDIA

CYBER LAW BUT WHAT ABOUT CYBER GRIEVANCES OR EMAIL ACKNOWLEDGED = INVESTIGATIONS = WHEN PUBLIC DON’T WANT TO VISIT PS DUE TO PAST SOME CAUSE...NO TRUST ON COPS AND ADMINISTRATION

 

SO BUSY IN SHOW OFF PRIZED DISTRIBUTION, CEREMONY AND NAME GAME = WHATS IN NAME BUT STRUCTURE TO PILLARS (MLA / MP) IF CORRUPT AND NOT WORKAHOLIC THEN STRONG STATE WITH TIMELY ACT DO AS YOU STATE would Fulfill or same do POLICY of CPI{M} after some Months= AS PREVENTION IS BETTER THAN CURE = ALL GLITTER IS NOT GOLD= WHAT SHOWN OR RUMOR IS NOT THE FACT OF HAPPENING UNDERCOVER OR BACK END=SUPPRESS THE FACT CAUSE OWN-SELF=Environment BENEFICIARY!!

 

 

 

Respected,

 

Madam,

 

 

Hope as Seen on Media reports your View of face which shows you are on tremendous Work Pressure as seen from your Eyes and Face which directly states you are struggling hard but as per some comment on Media I too hope you are viewing emails to...as Police and ADMIIN and the term Modernization and Modernizing them proofs and many others[ as like Electricity Meter Irregularities , commercial use with 12 hr continuous Electricity uses on ironing about a day 1000 clothes but in 3 Months Electricity Comes Rs 1,800 – 2,000 Consumer No :- A135366 and same do 3E Several time Connection Cut but…….then too Living in Flat but When a Flat Owner says fact from Police to Nagric Committee to….MLA to MP to…..came to do Poday Bas[PB now to be Vehicle No’s too after Punjab??} and these Meter will only Proof when Flat Occupied..Who Occupied and When Empty from 2003 – 2006 - 2007 – 2009 - 2010 - 2011 but Signature of WITNESS at LIVE Presence on Some Group Plan incidents, so do any one had respect of LAW as Most Knows as Group so could do anything but Now Different Mask and Scenarios but do what is Now Show is Fact or Behind Scene some Replanning Going on as like 1st Rumor outside then Provoke Inside and when Protest Trap as Own self as Like 2006!! - 2009??] of these proofs my saying as its the 1st preference after health and Emergency service within Seconds as like 199 / 109 or so..When speaking of LONDON or other Develop Countries.

 

See in somewhere at front Sweet Voice but do they are Good Person or as just Oil to Present something and get there Work done and hope you had seen the Behaviors’ of Vegetable Selling vendor to…..who Known’s if 1 will go other will come as Population and Own self and thus in these IT Computer Institutes, Universities are Fluorescing…DO Its not another way of giving Pathway to CORRUPTION = “Right to Protest “ “Right To Education” “Right to Inquiry” “Right to Speak” “Right to LIVE”……….

 

But I Like to Suggest 1 things that your Website lacks is that when a people post his Complain / Suggestion etc a Copy of it Should Automatically be Send to His / Her Given Email Ids for future Reference that what you did and does of and for the matter Posted of Which Emergency and Student matter Should be give High Priority as if Once Interest gone then the Future is Gone / Corruption Entry..Watch Aarakshan and Amitabachan Helping and Statements given / giving while and throughout the Character Who Speaks Pure HINDI.

 

Thanks

 

Your With or Distance Jurisdiction

 

Garia (as not in Kolkata) but PashimBanga State Within then what about interior areas corruption = COPS and ADMIN or Comments = COMMON MAN on Complain via email, FIR ….and do on Telephonic any Step or immediate Invst to Act!!!!!!!!!!!!!Pretty Matter = Pretty Case = Cancer + Criminal 1st Entry Step Check every Criminal Record Society Makes An Environments for an Crime and Criminal to Reborn With Mark 1st as PRETTY CASE!!

अण्णा

सरकार आती रही सरकार जाती रही

कभी इस दल की कभी उस दल की

कही बहूमत मे, कही अल्पमत मे

तो कही मीली जूली

१९४७ से आज २०११ हो गया

आजादी का मतलब ही जैसै सरकार हो गया

एक्साइज ड्यूटी,सेल टेक्स,स़र्वीस टेक्स,टोल टेक्स,कस्टम ड्यूटी,इनक्म टेक्स,आक्ट़ाई

है सरकार की कमाई

जनता ने जुटाई

हाड़ तोड़ मेहनत कर,पेटकाट कर,पसीना बहा कर

बदले मे मिला क्या

टूटी फूटी सड़के,सड़को पे रिसता सीवर का पानी,स्कूल बिना शिक्षक के

शिक्षा पूजीवाद की गूलामी मे,बिना डा्क्टर के स्वास्थ केन्द़,डा्क्टर मिले दवा नही,दवा मीली तो नकली,

पानी का आभाव,बिना बिजली का गाँव

आतंक,नकस्लवाद और बेरोजगारी की धूप

भ़ष्टाचार की छाव

और मंत्रियो,अफसरो का बढ़ता बैलेन्स स्विस बैंक मे

दफ्तरो के दर दर की ठोकर

सरकार मदारी जनता जोकर

छल, कपट,भाषणो का जाल

क्षूठे वादो की चाल

जाति मजहब की फूट,बेरम बेशर्म सफेदपोश लूट

हरऐक नेक कदम पर नियत की खोट

दी है दिल के अन्दर बहूत अन्दर तक चोट

"नही,नही,नही,अब ये व्यवस्था,अब ये तन्त्र और हमे मंजूर नही

करनी है सम्पूण॑ करान्ती बदलनी है हर व्यवस्था"

यही कसम खाई है

हाँ,हाँ ,हाँ ,ये आजादी की दूसरी लड़ाई है!

 

I support anna. List of problems and situations people often come across

________________________________________

I wholeheartedly support Anna for this movement.

 

 

Corruption and bribes have become very common and almost appearing as fundamental rights to most of the government officials. "Stop offering bribe" is a very common sentence often we hear from our leaders, well known personalities and stars.

I think we need to be practical here and should know the realities.

 

 

Corruption Is Both In Government and Private Sector’s, In Government Sector in Name of BRIBE and In Private Sectors in Two or Many Name’s “OIL” and “Selfish Act”

 

 

Here is list of problems/issues and situations people often come across –

 

 

1) Passport application - No matter how well and neatly you

filled up the application, spelling mistakes are inevitable

either in your name or your father's name/address.

 

Any mistake in your passport is a penalty in terms of money and

effort but it’s a reward for officials. This is not the end of

story..Needless to elaborate.

 

 

 

2) Flat/house registration

 

3) Flat/house mutation

 

4) Driving license

 

5) Road Tax deposit/Papers - motor vehicle dept

 

6) Railway ticket - RAC to berth (TT oh my God...I have never

seen any of them ......!!!!)

 

7) Shifting home within or to another city

 

8) Receiving shipments from Railway station

 

9) Mobile/valuable lost case reporting to police station

 

10) Sale tax

 

11) Vendors to get payment from government sectors

 

12) Inspection and clearance and certifications from government dept.

 

13) Import/Export duty - Custom clearance

 

14) Interstate consignment - VAT related paperwork

 

15) Utility connection (gas/water etc)

 

16) Reporting a harassment case to police against local mafia/gunda

 

17) Didn't receive admit card in time for a competitive exam

 

18) Son/daughter just got 5 marks in a subject in 10th/12th board exam. Paper review process.

 

19) Footpath is 90% occupied by hockers

 

20) Not able to manage escalated education fees for my child.

 

21) Hospital asking for high registration fees

 

22) Unable to bear medical fees

 

23) Bed not available in Govt hospital

 

24) Admission fees very high in private hospital - don't know where to go

 

25) You know patient is already dead. Doctors kept the patient on ventilator/life support. Medical bill started crossing several lacs.

 

26) Patient is not recovering. Hospital not releasing the patient.

 

27) Private College/University not publishing name and rank details of candidate appeared for exam

 

28) Death certificate and police clearance and cargo booking

 

29) Cremations and government appointed helpers and issues

 

30) Collect ration from ration-shop

 

31) Traffic police stopped your car and asked you to wait till senior officer comes

 

32) You are enjoying a cup of tea from road side tea stall close you your home/flat,

suddenly police raided the area and you are picked up and locked inside police station.

Nobody is listening to you and you have to prove that you are innocent.

 

33) You are on long drive with your family and while passing a small city, your car is stopped at police kiosk.

 

Your papers are OK but still you are asked to wail till senior police officer arrives. You waited for couple of hours but no senior officer

arrived. You don't how long you will have to wait.

 

 

34) Situation as described in 33. You asked police how long you will have to wait. They threaten you and asked you to keep quite.

 

You stared an argument and at the end you are detained/thrashed for no reason.

At the end, if you are lucky you would be given a choice to pick up charges they can book against you (theft, robbery, rushes driving and attempt to murder etc). A man in uniform with guns but without well education is a big threat to society.

 

35) Report a corruption case/illegal deal happening close to your home/flat.

 

36) Situations 31 - 35 are so serious that if you start arguing logically, you will be pushed to an extend beyond your imagination.

 

Your family may end up losing you.

 

37) Birth certificate

 

38) Common medicines which are supposed to be there in government hospitals at remote places are often go out of stock.

 

But those are available nearby private medical shop.

 

39) No regulatory bodies in many cases. Nexus between regulatory govt bodies and private companies/service providers to extract public money.

 

40) Ruthless corruption in government aided projects. Very common and regular way of siphoning public funds.

 

41)IT Training institute Opening as like umberalla with backend Polticans..TAX along with installment date fixed but Timely and do proper output and if there Problem okay if Student there Chance to Earn when Enrollment Amount PAID and at given time many lapses from Institute Side then Why Institute don’t Compensate..as After payment Why a Student is harassed or Breakup fees etc are Over Charged..They Will Make RULE and We Customer as ownself so would Suffer…ask Media to invst NIHT and Infouniv Duration 2006 – 2007 2008 – 2010 (March – April Scenario the Change )

 

 

This list is endless. People who are running small/medium/large businesses, know ground realities very well.

 

How often our leaders,stars themselves reach government offices by availing public transport and be a part of common people's queue ?

 

Actually, our leaders,stars get these jobs done by agents/third parties and many of these are not applicable to them.

 

Even if the need be, they do it through VIP quota. They go to 1st world countries for ailment and then come back to INDIA after recovery and then start advising people to have faith on government hospitals.

 

 

Privileged, rich and powerful people having political affiliation often live in a virtual INDIA and therefore never encounter above listed issues so do not admit presence of such issues.

 

What common people have to face is the ground reality and real face of INDIA.

 

A very strong lokpal is needed to curb corruptions and I do support Anna.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
smbhappy

Too long a post. but the anger well vented. Its for every body to say NO to Bribe.

And its for every body to use Section 5 of the Prevention of Corruption Act 1988 to root (rout) out the corruption.

Merely sit and watch will not do any good. Even after Lokpal or Joke pal bill one has to act to complain.

Share this post


Link to post
Share on other sites
  • 0
prasad.dhirendra

I agree with Smbhappy.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
piklu1982

The list is long...

Anna is doing a fine job in pressing the issue of Corruption even to the highest Government Offices...

Citizens of India (Common man of R.K. Laxman) have supported wholeheartedly Anna's movement...

 

I would like some suggestion in a small scenario.

I take a friend of mine, who met with an accident to Govt hospital, where both bed and doctors are unavailable. The touts there ask for Rs. 500.00 to arrange treatment for my friend. What is the way to prevent this corruption on that moment without killing my friend?

We oblige to corruption when we don't have any alternative...

 

Corruption is not a practice done by the common citizens, its rather a way-of-work for few corrupt people in few corrupt offices.

 

Anna or no Anna, none of us wants to be at the receiving end of Corruption.

 

JoyIndia has pointed out some of the common medical dilemmas that we face everyday in West Bengal, health centers without proper medicines etc. But whom should we blame..? We end up showing our anger on the medical staffs and doctors there, but are they really responsible..? Are government agency controlling the medical supplies, allotting enough medicines..?

 

I personally know about scenarios where people were picked up from the local chai-shops as there was a murder in the locality few days back. Yes, there is a twist here, we often hear, "a man is innocent until proven guilty", this is the judicial version, but the law enforcement version is "every man is guilty unless he proves himself to be innocent". The police officials are instructed by their bosses that pick-up anyone and everyone from a mentioned locality, willingly or not, they are duty-bound to do so. Who is to blame..?

 

Still most of us, Indians, stands up automatically when National Anthem is heard, still we feel proud when we see a Indian Flag fluttering in a distant country, still we feel nostalgic when we see the speeches of the freedom fighters. This is not because we already believe that we are high in corruption or our politicians are involved in scams of various sorts. But because, still we have that feeling of "Lets make it right" attitude within us...

 

May be everything will prove to be wrong, may be Anna himself will go to jail in Corruption charges, but one thing is certain, majority of the Indians will carry in their heart a feeling of contentment that we are still capable to protest against corruption and will not cower to do so, whenever we find a chance...

Share this post


Link to post
Share on other sites
  • 0
JOYINDIA
I personally know about scenarios where people were picked up from the local chai-shops as there was a murder in the locality few days back. Yes, there is a twist here, we often hear, "a man is innocent until proven guilty", this is the judicial version, but the law enforcement version is "every man is guilty unless he proves himself to be innocent". The police officials are instructed by their bosses that pick-up anyone and everyone from a mentioned locality, willingly or not, they are duty-bound to do so. Who is to blame..?

 

I My Self is Victim of these Police to ADMIN Corruption / Atrocities and is suffering for there Wrong Judgement Just to Please CPI[M} and for there Promotion...SELF DEFENSE IS NOT A CRIME...WHEN in Other SIDE 2 MANY and Call for Meeting was Done via Guard after then Deny but Latter Proofed Group SAID or Written Version Wrong / Twist / Conspiracy / Planning...

 

But rumor as Group..SOCIETY ......Irritating as Arrested to several misleading POPUP...Time Killed so many lapses due to which Burden.....Now Same Group after August 2010 or..Different MASK????

 

 

http://www.scribd.com/CommonManThe%20Sufferer

 

http://i578.photobucket.com/albums/ss227/joy1982_2009/MyFatherBothLegsKneeReplacementPict.jpg

 

www.tumblr.com jaihind / hard_prsd@yahoo.co.in

 

http://sarfaroshhindustani1.blogspot.com/

 

http://www.scribd.com/doc/23579295/Request-to-Saferindia

 

Share this post


Link to post
Share on other sites
  • 0
smbhappy

The suggestion in this thread was that if government delete Sub-Section 1 and 2 of section 19 of the Prevention of the Corruption Act 1988 (It applies to the state amendments too), Every citizen will be a lokpal while using his right under Section 5 of the Act ibid. And if this right is used with the RTI Act,

 

Anna is seeing a much larger picture of an independent anti-corruption regime.

 

See the power of sub-section 1 and 3 of Section 5 below highlighted in red with special emphasis on "without" in blue :

 

Section 5. Procedure and powers of special Judge.

 

 

(1) A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973, for the trial of warrant cases by Magistrates.

 

(2) A special Judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of Section 308 of the Code of Criminal Procedure, 1973, be deemed to have been tendered under Section 307 of that Code.

 

(3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973, shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor.

 

(4) In particular and without prejudice to the generality of the provisions contained in subsection (3), the provisions of Sections 326 and 475 of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, a special Judge shall be deemed to be a Magistrate.

 

(5) A special Judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted,

 

(6) A special Judge, while trying all offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944 (Ordinance 38 of 1944).

 

Section 19. Previous sanction necessary for prosecution.

 

 

(1) No court shall take cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction, -

 

(a) In the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;

 

(b) In the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;

 

© In the case of any other person, of the authority competent to remove him from his office.

 

(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.

 

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973-

 

(a) No finding, sentence or order passed by a Special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omission, irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has, in fact, been occasioned thereby;

 

(b) No court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;

 

© No court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in inquiry, trial, appeal or other proceedings.

 

(4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the Court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.

 

Explanation. -For the purposes of this section, -

 

(a) Error includes competency of the authority to grant sanction;

 

(b) A sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • aparna
      By aparna
      As I can see from the Act the principal aim of the act seems to motivate people and encouraging them to have information about the working of the system to see that it works efficiently.
       
      But it is said that poverty alleviation is also the aim of this act. I cannot forsee how that can be achieved?
       
      Any views?
    • nirmalbiswas
      By nirmalbiswas
      I beleive in this last 50 years or even more after we have got our independence this is the first time that our Government has sincerely thought of nailing the corrupt officials and has brought this ACT. No doubt the corrupt officials and people in power on the other hand are thinking out ways and means as to how to dilute this act so as not to pass the information regarding the wrong things they do or might do. One of this was not to give information regarding what ever has been dealt on corresponding side before an order has been passed. I beleive we all Government officers who are non corrupt, have nothing to fear from this act and should whole heartedly support this act and make it more stronger.

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy