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While activists are demanding a Lokpal with stringent powers to probe corruption cases,the Delhi Lokayukta has slammed the state government for creating legal hurdles in compliance with its directions in ongoing inquiries,stating that such moves make a “dent” in the government’s claims of transparency and openness.
“Any institution which is created to check and contain corruption has to face opposition from those upon whom it exercises jurisdiction. Our experience has been no different,” Lokayukta Justice Manmohan Sarin said in the annual report for the year 2009-10.
Sarin cited the case of a complaint filed by former BJP MLA Vijay Jolly against Chief Minister Sheila Dikshit where the Lokayukta had “merely” asked the Government to produce records of the decision-making process,which was challenged by the Government before the Delhi High Court.
“Instead of producing the records,they challenged the order of this forum before the Honourable High Court wherein a learned single judge,interalia,directed that the Lokayukta could summon the records only after notice had been issued to the Respondent ‘Public Functionary'” the report said.
The order was set aside by a Division Bench of the High Court after the office of Lokayukta filed an appeal.
“It said in this era of transparency and Right to Information,where any ordinary citizen can seek information,the stand taken by Government of NCT of Delhi of not to produce records before this forum not only makes deep dent into Government’s claim of transparency and openness but its reluctance and resistance to produce records raises doubts regarding the motive and intentions of public functionaries and public servants holding key positions in the Government,” the report provided under RTI to activist S C Agrawal said.
It cited three cases where direction of the office of Lokayukta to produce records were challenged by the government departments in courts just because the head of corporation or department was an IAS officer.
Lokayukta is a state version of Lokpal – the anti-corruption ombudsman,yet to be constituted at the Centre – which can probe allegations of irregularities against the state government.
Activists led by Anna Hazare have proposed a Jan Lokpal Bill for creation of the position of Lokpal at the Centre and Lokayukta at state level with stringent powers to take action on allegations of corruption.
While there is no Lokpal at the Centre,about 18 states
including Delhi have Lokayukta. “Public functionaries are yet to reconcile to the fact that this Institution has a statutory mandate to inquire into allegations against them.
“Therefore,challenges to an inquiry or investigation questioning the jurisdiction can be expected from public functionaries,but the approach of the Government and Government corporation as manifested in few case has left much to be desired,” the Lokayukta has said.
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