The Hindu : National : Supreme Court wants protection for whistle blowers

Online edition of India's National Newspaper
Tuesday, Apr 13, 2004

National

National

Supreme Court wants protection for whistle blowers

By J. Venkatesan

NEW DELHI, APRIL 12. The Supreme Court today agreed with the suggestion of the Solicitor-General, Kirit N. Raval, for vesting the Central Vigilance Commission (CVC) with the powers to protect whistle blowers in the context of the murder of Satyendra Dubey, the former IIT engineer of Bihar who was done to death in November last after exposing corruption in the national highways project.

A Bench comprising Justice Ruma Pal and Justice P. Venkatarama Reddi, wanted Mr. Raval's suggestions to be formalised within a week in consultation with the Union Government.

Mr. Raval said the CVC while entertaining complaints from persons revealing their identity would conduct preliminary investigations and if it felt that either the complainant or the witnesses needed protection, it could issue directions to the Government.

The Bench was hearing a petition from Rakesh Upadhyay, advocate, who sought a direction to the Centre to evolve a system as recommended by the Constitution Review Committee in 2002 in the Whistle Blowers Act to ensure protection to citizen/person complaining of corruption and to keep the complainant's name secret and to order a CBI probe into the death of Dubey.

Mr. Raval suggested that the CVC would be the Designated Agency to receive complaints from government servants or members of public on any allegations of corruption or misuse of office by any employee of Government or of public sector organisations.

However, the CVC would not entertain any anonymous complaint.

For the purpose of conducting discreet enquiry, the CVC shall devise an appropriate mechanism.

If the CVC inferred that further investigation was required, then it would call for comments or explanations from the head of the Department or Organisation without disclosing the name of the complainant.

If the CVC found evidence of corruption, it would direct the initiation of proceedings against the officials concerned, including criminal proceedings; appropriate administrative steps for redress of the loss caused to the Government as a result of the corrupt act or misuse of office.

Mr. Raval said this was only an interim measure and the Government would review the functioning of the mechanism after six months till Parliament enacted a law on the subject.

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