The Mizoram Assembly on Thursday passed a bill to set up a Lokayukta in Mizoram in spite of some opposition members and alleged corruption watchdogs criticizing parts of it, particularly a clause that allows for punishment of complainants with a three month jail-term. The Mizoram Lokayukta Act 2014 was passed by the 40-member state assembly after Law Minister Lalsawta introduced the bill on Thursday, saying the government has taken much time to frame the legislation both through setting up a committee and inviting comments from the public. The law allows for the setting up of a three-member Lokayukta to be chaired by a current or former Chief Justice or judge of a High Court or someone with qualifications to be one, who will be assisted by a judicial member and one other member. Members of the Lokayukta are to be appointed by a selection committee consisting of the CM, the Speaker, a HC judge and the Leader of Opposition, who can constitute a five-member search committee to recommend names. The Lokayukta members will have a term of five years, or at least till they attain the age of 70 years. Their salaries will be at par with judges of the HC, but they will be disallowed from re-employment after their terms are over. The new law also gives the Lokayukta power to appoint its own secretary and a director, who will oversee enquiries, investigations and prosecutions of corruption cases, including cases the Lokayukta takes over from any agency so long has it has not yet been heard in court. The Lokayukta will have suo moto powers to investigate cases and powers to rope in any agency to aid in the investigations, but it will have to finish preliminary enquiry within 45 days, and a full-fledged investigation within nine months. After that it will file a case in a special court, which will then have to pass judgement within 18 months. Besides the CM and his Council of Ministers, MLAs, bureaucrats and heads of corporations, societies, companies or trusts that are partly funded by the state of centre can be investigated by the anti-corruption watchdog. Some have however criticized the new law for its provision that complainants can be punished with a fine or imprisonment by the special court if a frivolous complaint led to an arrest of the accused. The Lokayukta members can also be removed from office if the Supreme Court okays it after the Governor refers such a move. The bill also carries with it a financial memorandum of Rs 13.90 crores to set up the Lokayukta, of which Rs 730.09 crores will be earmarked for annual salaries.
