JP Urges Modi To Amend Corruption Prevention Act

Loksatta President Dr. Jayaprakash Narayan today urged the Union government to take the initiative and ensure that the offensive provisions are altered, and a pragmatic, fair and effective anti-corruption regime was in place.

In a letter to the Prime Minister, Narayan said that the Party wanted to apprise him on the grave implications of the official amendments proposed to Prevention of Corruption Act, 1988, seeking to incorporate a new Section 17A. This amendment would bring back the discredited Single Directive and the Section 6A of the Delhi Special Police Establishment Act (DSPE Act) which was quashed by the Supreme Court in May 2014, and make them applicable to all public servants of all ranks.

"While the erstwhile Section 6A of the DSPE Act provided for mandatory prior approval for investigation of corruption offences against senior officials of the rank of Joint Secretary and above, the new amendment makes prior approval for investigation in respect of all corruption investigations relating to all public servants. There is a need to protect officials involved in policy making or in implementing government policy from vexatious investigation or prosecution. But an omnibus protection to all public servants involved in all forms of corruption defeats the purpose," he said.

"Secondly, the proposed Section 8 in the PCA Bill 2013 criminalizes the act of bribing as an independent offence and provides that anyone who offers, promises or gives 'undue advantage' to any person to induce the public servant to perform public duty improperly would constitute a cognizable offence. The small bribe giver who is a victim of a dysfunctional system is going to be cruelly punished with a minimum imprisonment of three years, while recipient of the bribe will enjoy immunity, if such a provision is incorporated," the letter stated.

JP also urged the Prime Minister to take corrective action and ensure that deeply offensive provisions of severe punishment to ordinary citizens, who were forced to pay bribes for services they were entitled to, and protection from investigation of bribe takers of all ranks, are suitably amended in the Prevention of Corruption (Amendment) Bill 2013.

The LSP President urged the Centre to remove omnibus protection (total immunity) to all public servants, with respect to all kinds of allegations, and providing selective protection in matters relating to policy recommendations and decisions at the Government level.

Drawing clear distinction in the definitions part for collusive and coercive corruption and incorporating fair provisions to give immunity to bribe givers, who are victims of extortion and prosecute corrupt officials. The amendments proposed in the Bill in the current form will weaken anti-corruption institutions and undermine the very purpose of the law, he added.