SHILLONG: Yet again, the much-awaited Meghalaya Lokayukta (Amendment ) Bill, 2013 has been sent to Meghalaya Governor Dr KK Paul with cosmetic changes. The Bill was hurriedly passed by the Assembly recently without any discussion.
The Bill, which went through two amendments, aims at weeding out corruption, but its present form will discourage people from lodging complaints as the complainants have to go through the process of filing affidavits before the first class judicial magistrate to make valid any complaint.
Moreover, every affidavit should be verified in the manner laid down in the Code of Civil Procedure ,1908 for the verification of pleadings and affidavits.
If there is a false complaint, the complainant can be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
No one can criticize Lokaykta as the section 19 ( 2) of the Bill says that “whoever ,by words spoken or intended to be read, makes or publishes any statement or does any act, which is calculated to bring the Lokayukta or members into disrepute shall on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both”.
Another major defect is that Lokayukta is barred from making any inquiry into the corruption cases which are 10 years old.
Moreover, the Government servants cannot lodge any complaint to Lokayukta.
The transparency of the functioning of Lokayukta is also under scanner as the press is barred to avail the proceedings of Lokayukta.
The Bill also gives scope for the complainant to approach any other court of law if the matter can be solved in that manner.
The Bill also gives provision for the aggrieved public servant to appeal to the concerned High Court against the order of Lokaukta within a period of one month.
There is only a partial independence for Lokayukta as its members can be removed by a simple majority of the State Legislature.
There are oo many persons exempted from the purview of Lokayukta and they are Chief Justice or any Judge of the High Court, officers and staff of the High Court, members of Meghalaya Judicial service, Chairman or any member of Meghalaya Public Service Commission, Speaker, Deputy Speaker of State Assembly with respect to their actions inside the House, and grade IV employees. The employees below grade IV are also exempted from the purview of the Bill.
Any matter related to the policy formulation by the State Government and any action taken in pursuance of policies so framed is also exempted from the purview of Lokayukta.