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Lokayukta report tabled in Assembly

By Our Staff Correspondent

BHOPAL, MARCH 15. The report of the Madhya Pradesh Lokayukta for the year 2003-2004 points towards "widespread misgiving" among the people over certain amendments in the Madhya Pradesh Special Police Establishment Act that were made in 2003 to extend control of the executive over the Special Police Establishment by diluting the supervision of the Lokayukta.

The latest Lokayukta report, which was tabled in the Assembly today by the Chief Minister, Babulal Gaur, emphasises the need to strengthen the faith of the people in the rule of law. This can be done by removing the cause of "misgiving", the report goes on to assert.

The Madhya Pradesh Lokayukta, Justice Ripusudan Dayal, has pointed out in his preface that many posts in the Special Police Establishment continue to remain vacant. This issue was even brought to the Chief Minister's notice, the Lokayukta has said adding that the Government should post honest officers without any delay whenever there is any vacancy in the Special Police establishment.

The report of the Lokayukta says that the requirement of executive sanction for prosecuting the corrupt officials under the Anti-Corruption law results in undue delay in filing prosecution. The requirement of sanction is detrimental to public purpose since there is a widespread feeling that any delay or refusal to grant sanction is aimed at protecting the corrupt public Servants. The Lokayukta report points out that Section 19 of the Prevention of Corruption Act, 1988 provides that 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 of one of the authorities specified therein. Similar sanction is also required for offences alleged to have been committed by a public servant under the provisions of the Indian Penal Code under section 197 of the Code of Criminal Procedure, 1973.

The report adds that there are only a few offences under the Indian Penal Code in respect of which the Madhya Pradesh Special Police Establishment is empowered to investigate. Experience has shown that the requirement of sanction does not serve any useful purpose in respect of cases that have been investigated by the Madhya Pradesh Special Police Establishment as in such cases prosecution is not launched unless it is ordered or approved by the Lokayukta.

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Lokayukta report tabled in Assembly

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