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Lokpal should have independent probe wing: Team Anna
As he prepares to go on a three-day fast for a strong Lokpal Bill, Anna Hazare and his team on Sunday shot off an open letter to Prime Minister Manmohan Singh and MPs urging them to make the best possible law which includes provisions for an independent investigative wing for the ombudsman.
In the letter, Team Anna noted that the year-long campaign against corruption has brought people to the very edge of legislation that can tackle it powerfully.
"Sensing the national mood, Parliament has also taken it upon itself to foster a significant debate on the issues within the bill, and for this we thank our elected representatives.
"While we are on record with our displeasure over the current draft of the bill, we are also keen that the best possible law should now emerge from the debate in the people's Houses," the letter said.
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'Lokpal and Lokayuktas must be able to suo moto initiate their own investigations'
"We urge Parliament's consideration and adoption of these points, to give the country a real anti-corruption law. Our opposition to various other provisions of the draft bill remains, and we will take up the fight for improvements to the legislation in the months and years ahead," Team Anna said.
Team Anna urged MPs that the Lokpal and Lokayuktas must be able to suo moto initiate their own investigations, without a complaint or reference from anyone.
It should also not be required to alert the accused through preliminary enquiry or hearing before filing an FIR as recommended by the Standing Committee.
Team Anna's three formulations for CBI
In this regard, Team Anna asked MPs to adopt one of the three formulations suggested by them.
"The anti-corruption branch of CBI should be merged into Lokpal, anti-corruption bureaus and state vigilance departments in state governments should be similarly merged into Lokayuktas or Lokpal and Lokayuktas should have their own investigative wings which should have exclusive jurisdiction over cases under Prevention of Corruption Act.
The government's own previous draft of the bill included the second provision," the letter said.
The third formulation was that the administrative and financial control over CBI should be with Lokpal and the appointment of CBI director should be independent of any political control.
The anti-corruption bureaus and state vigilance departments in state governments should be merged into Lokayuktas, the letter said.
Team Anna also demanded that the Lokpal/Lokayukta's jurisdiction should include Class C and D officers directly. The government bill had mentioned that Lokpal will direct complaints against lower bureaucracy to CVC.
'Without these, Lokpal will be another ineffective law'
On the selection of the Lokpal, Team Anna said it should be through the consensus of the selection panel.
"Selection committee should consist of Prime Minister, Leader of Opposition, two judges to be nominated by collegium of Supreme Court judges, CAG, CVC and CEC. Search committee to suggest nominees should consist of former Chief Justices, former CAG, former CVC and former CEC. A detailed selection procedure should be prescribed in the law itself," the letter said.
"We place before our MPs the following representations, in the expectation and hope that they will articulate this in Parliament and ensure passage of a Bill that contains these provisions.
Without these provisions, the Lokpal Bill will be just another law -- one among many that have proven ineffective so far," it said.