SHILLONG: While demanding for the immediate amendment of the Meghalaya Lokayukta Act, 2012, the Campaign for an Independent Lokayukta in Meghalaya (CILM) said that the Lokayukta in the State should have the power to constitute its own investigation wing with the mandate to investigate corruption charges against government servants at all levels.
“The Lok Pal at the Centre is authorized to utilize the CBI in any of their investigation. The same should be applied to the Lokayukta in the State where it should be allowed to utilize the service of the investigation agency of the State Government for investigation,” CILM member Angela Rangad said while addressing newsmen on Thursday.
She however observed that Section 17 (3) of the Meghalaya Lokayukta Act which states that the Lokayukta or members may for the purpose of conducting investigations under this act utilize the services of any officer or investigation agency of the State Government with its concurrence needs to be removed.
Rangad also viewed that Section 15(1) of the Act which stated that after investigation and ascertaining allegations, the Lokayukta shall by a report recommend to the competent authority remedy or action to be taken under relevant service law or prosecute as per law if it involves criminal liability should be amended.
“The Lokayukta should not only be recommendatory in nature. Competent authority needs to act in line with what is specified by Lokayukta.”
“Also, sanction shall deem to be given when Lokayukta investigation finds criminal liability allowing Lokayukta to file charge sheet before the Fast Track Court,” Rangad who is also a prominent RTI activist said.
She said also said that Section 13 ( 2) of the Act which specify that the proceeding of investigation shall not be disclosed to the public or the press whether before, during or after the investigation which shall include the identity of the complainant and the public servant affected needs to be amended.
The RTI activist also pointed that the Section 13(4) of the State which mentioned that Lokayukta may exercise discretion to refuse or cease to investigate matter if (a) complaint frivolous or vexatious – needs to be defined more clearly (c) other remedies are available – needs to be removed as sec 11(b) that talks of similar provision also needs to be removed
In relation to Section 13 (6) of the Act, she said that this specific section also needs to be amended since it stated that conduct of an investigation in respect of any action shall not affect such action or any power or duty of any public servant to take further action with respect to any matter subject to the investigation – needs to be amended such that it does not have detrimental effect to persons and interests. “At least it needs to be specified that the public servant under investigation is barred from taking further action but any other public servant may continue the tasks and responsibilities in interest of not hampering administrative duties and functions etc,” the RTI activist said.
Rangad also said that Section 22 of the Act which stated that the Lokayukta has the power to exclude complaints against certain classes of public servants needs to be removed in toto.
While demanding that the provision that the term of the office of the Lokayukta is three years and extendable also needs to be amended, she said that the term of the Lokayukta should be 5 years as in Central Lokpal Act.
In relation to the removal of the Lokayukta which is indicated in Section 7 of the Act, she said that as per this section, the Lokayukta can be removed on grounds of misbehavior or incapacity only by majority process of impeachment through resolution passed by majority of total membership of the legislative assembly.
“A process too simple that will undermine the independence of the Lokayukta. Also who will investigate the allegations of misbehavior or incapacity before the resolution is put to vote is not stated! The process of removal should be in line with Central Lokpal & Lokayukta Act,” Rangad said.
Instead of only a selection committee, she was of the view that it would be better to have search and select committee.
According to Rangad, amendments should be discussed threadbare in pre-legislative public consultations so that the previous ineffective amendments are not repeated again.
Meanwhile, CILM member and prominent RTI activist Michael Syiem said that the amendment to the Meghalaya Lokayukta Act, 2012, was necessary to bring it in line with the central Act.
“We need to have a strong and independent Lokayukta in the State,” Syiem said.
Several prominent pressure groups like the KSU, FKJGP,GSU, TUR, AJYWO, JYF, CSWO, KWWADA, HNYF, LKSK, MRTIM among others are part and parcel of this campaign which is demanding for an independent Lokayukta Act.