AAP keeps Jan Lokpal above the courts, wants no prosecution or legal proceedings

The AAP government has proposed to put the activities of Jan Lokpal and its members out of courts' reach. However, the anti-graft panel will not be free from political control.

Also Read: Not even a comma is changed in Jan Lokpal Bill: Kumar Vishwas

Seeking to provide Jan Lokpal immunity from legal scrutiny, the government has proposed that no prosecution or legal proceedings can be initiated against the Jan Lokpal and any of its staff members. At the same time, no court in the country can challenge or reverse any decision of the Jan Lokpal, according to new proposals. Legal luminaries have taken a strong exception of the proposed legislation, saying the Jan Lokpal could not be put above law.

Justice SN Dhingra, a former judge of the Delhi High Court, said any such legislation that interferes with jurisdiction of the courts could be struck down by the high court. "Any provision that seeks to put Jan Lokpal above law can be struck down by the high court. The Constitution of India has prescribed the jurisdiction of courts that cannot be interfered with," Justice Dhingra told Mail Today.

He cautioned that there must be a mechanism to keep a check on the conduct of Jan Lokpal or the members of Jan Lokpal. "On the one hand, the Centre is seeking to make sitting judges accountable, but on the other hand, retired judges cannot be given free hand. Even judges can be corrupt," Justice Dhingra said.

"No proceedings, decision, recommendation, order or any report of the Jan Lokpal shall be liable to be challenged, reviewed, quashed, modified or called in question in any manner in any court or tribunal," reads section 25 of the Delhi Jan Lokpal Bill.

Another key element of the proposed Bill, which raised several eyebrows is the appointment of Jan Lokpal. Apart from the Chief Justice of Delhi High Court, the selection committee for Jan Lokpal will have three elected representatives, including the chief minister and the assembly speaker. The government will also be able to remove Jan Lokpal with two-third majority of the Delhi Assembly, a move which invited sharp criticism from AAP rivals - the BJP and Swaraj Abhiyan leader Prashant Bhushan.

The Opposition termed the Bill a 'betrayal' with the people of Delhi and alleged that the government has deliberately tried to make Jan Lokpal a political appointment. The proposed Delhi Jan Lokpal Bill, accessed by the Mail Today, says the Jan Lokpal will be appointed by the L-G on recommendations of a selection committee comprising Delhi chief minister, Delhi assembly speaker, leader of Opposition and chief justice of Delhi High Court. This means the selection committee will have two members of the ruling party.

The Delhi government has also kept the L-G out of the selection process, though all appointments shall be made by him. However, what may lead to a major confrontation with the Centre is that the recommendation of the selection committee with regard to appointment of Jan Lokpal will be binding on the L-G.

The Bill also brings the Centre under its ambit as the Jan Lokpal will have the powers to investigate any case occurring in the National Capital Territory of Delhi. Experts suggested that the proposed Bill could lead to a major standoff between the Centre and the government.

"The proposals made in the Bill can be amended after debate in the Assembly. The Bill is required to get consent of the L-G who will send it to the President. If the proposed Bill is repugnant to the Central laws, it can be turned down by the President. Further, any interference with jurisdiction of courts will subject the Bill to legal scrutiny," said constitutional expert Subhash Kashyap said.

The proposed Bill is likely to be tabled in the Delhi Assembly next week. The ongoing Winter Session has been extended by a week for passage of the Jan Lokpal Bill. It was the failure to get the Bill cleared that led to the fall of Kejriwal's 49-day government in February 2014.

The Bill also proposes that any loss to the exchequer caused by companies or contractors found responsible in a case of corruption will invite a fine that is five times the loss. All public servants will have to file returns and declare their assets, including properties, by January 31 if the law is enacted. Any undeclared asset found later will be considered as acquired by wrong means and will be confiscated.

The Bill has made it mandatory for every employee working with the government, the municipal corporations, the DDA and the Delhi Police to submit to their employers or authority every year the annual statement of their assets and liabilities in a format as prescribed by the Jan Lokpal.

Besides time-bound investigation and trial, punishment for public servants ranges from an imprisonment of six months to 10 years and in the rarest of rare cases life imprisonment.