Pinaki Chandra Ghosh

India’s first Lokpal – Pinaki Chandra Ghose

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Why in news:

  • Former Supreme Court judge and current member of the National Human Rights Commission (NHRC), Pinaki Chandra Ghose, is likely to be India’s first anti-corruption ombudsman, or Lokpal, after his name was cleared and recommended by the high-level selection committee chaired by Prime Minister Narendra Modi.
  • The government was prompted to make the selection after the Supreme Court set the February-end deadline.

Highlights of the Lokpal Act of 2013:

  • The Act allows setting up of anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level.
  • The Lokpal will consist of a chairperson and a maximum of eight members.
  • The Lokpal will cover all categories of public servants, including the Prime Minister. But the armed forces do not come under the ambit of Lokpal.
  • The Act also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is pending.
  • The States will have to institute Lokayukta within one year of the commencement of the Act.
  • The Act also ensures that public servants who act as whistleblowers are protected.

Powers:

  • The Lokpal will have the power of superintendence and direction over any investigation agency including CBI for cases referred to them by the ombudsman.
  • As per the Act, the Lokpal can summon or question any public servant if there exists a prima facie case against the person, even before an investigation agency (such as vigilance or CBI) has begun the probe. Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the Lokpal.
  • An investigation must be completed within six months. However, the Lokpal or Lokayukta may allow extensions of six months at a time provided the reasons for the need of such extensions are given in writing.
  • Special courts will be instituted to conduct trials on cases referred by Lokpal.

 

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