NEW DELHI: In an attempt to gag the media, all inquiries by the proposed Lok Pal (a semi judicial three member body) against public servants will be held “in camera.” Criminal proceedings are envisages in the Lok Pal Bill against printing our publishing information regarding a complaint ahead of the Lok Pal’s decision. The Bill, introduced in the Lok Sabha last week, says making a false complaint before the Lok Pal would attract imprisonment between 13 years and also a fine up to Rs 50,000. From the fine amount, the Lok Pal can award compensation to the public functionary against whom the false complaint was made, Such provisions, legal experts feel, would defeat the purpose of having an ombudsman. Instead of public probity, the exercise is aimed at creating a veil of secrecy around the Lok Pal’s office, they said.
The threat of a false complaint inviting punishment would deter people from coming before the semi judicial three member body, headed by a Supreme Court judge. Considering that citizens have no access to official records, there will be few daring to approach the proposed institution against elected representatives, lawyers feel. What is more disturbing in the proposed Bill (Section 23) is that no one should print or publish information on a complaint, not even the complainant’s name or the functionary against whom is made when the Lok Pal dismisses such complaint. At any time before such dismissal, and also after inquiry, if the Lok Pal is satisfied that no case was made out. And any time before the closure of the case.
Even when the Lok pal for wards its report with findings and recommendations (when al legations have been substantiated wholly or partially) to the competent authority, one cannot print or publish anything or about it before three months (from the date of report’s receipt by the competent authority), Another provision is that a printer or publisher of false information alleging or suggesting a com plaint under the Act against any public functionary, would be guilty of committing an offence. These provisions suggest that nothing should be written from the day of making the complaint till the Lok Pal’s final decision. Violation would lead to summary trials by the Lok Pal. The guilty could be jailed.
Article extracted from this publication >> September 18, 1996
