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26/11/2011

CM not under the purview of Bihar Lokayukta Bill 2011, claims citizens’ group

Patna,(BiharTimes): Brahstacharya Virodhi Jan Pahal (People’s Initiative Against Corruption) has challenged the Nitish government’s “tall claim” that the draft of The Bihar Lokayukta Bill 2011 brings the chief minister under its purview.

“When the Lokayukta is not allowed to take action against the present chief minister and ministers and former chief ministers and ministers without the permission of the state government than how is the state government making tall claim that the chief minister comes under the purview of the Lokayukta,” said the Convenor of Pahal, Satya Narayan Madan.
Releasing the copy of the draft Bill prepared by social activists, legal experts and academics of Bihar in Patna on Friday Mr Madan said in Uttarakhand Lokayukta can take suo moto action against anyone on the basis of media report too whereas there is no such provision in Bihar. Here the Lokayukta can take initiative only after complaint is made against anyone. He also questioned the power given to the state government in constituting the Selection Panel for Lokayukta.
Besides, while whistleblower is protected in the Lokayukta Act enacted by Uttarakhand government recently in Bihar there is every scope of witch-hunting against the complainant. If he or she fails to prove he or she is liable to punishment between six months and five years and fine upto Rs 25,000. “How can this happen. There are thousands of cases in the court where the guilt is not proved. But do we have law to punish the complainant,” Mr Madan asked.
He said that what is surprising is that there is no definition of corruption anywhere in the draft Bill of the Bihar government. He said that there is every scope for suspicion on the state government’s intention because it has come up with such a poor quality of Bill even after months of national debate on it. In the light of so much discussion and debate much better Bill could have been drafted, the Pahal Convenor said.
The Pahal has decided to gather at R-Block on December 2, that is on the first day of the Winter Session of the Bihar Assembly, to protest the introduction of such a weak and toothless Lokayukta Bill.
He said that the Pahal tried to contact the deputy chief minister, Sushil Kumar Modi who heads the ministerial panel, thrice to hand over the draft of the Bill prepared by noted legal experts and academics, but they were not given time. So they have sent the draft to the state government through e-mail and releasing it to the media.
Those present at the Press Conference included Prof Nawal Kishore Chaudhary of Patna University, social activist Kanchan Bala, expert on rivers, Ranjeev, Momin Conference’s Zafar Imam Ansari and others.
The draft has been prepared after a series of meeting attended among others by Prof M N Karna, Basant Chaudhary, noted lawyer and others.

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