The Group of Ministers headed by Finance Pranab Mukherjee constituted tackle corruption and improve transparency on Friday enunciated some major steps like creating a directorate of prosecution, and getting the Election Commission to submit a concept paper on black money.
But it shied away from fixing any time limit on completion of court trials in corruption cases even while reviewing other ways to fast track the cases.
In its first meeting since its constitution 13 days ago, the GoM was told in a 38-page note by the Department of Personnel and Training that the court trials under all laws are conducted under the Criminal Procedure Code and no law has ever fixed any time frame.
The group is understood to have agreed with the note that insertion of a provision in the Prevention of Corruption Act for completion of trial in a time bound manner may not be of any help unless the CrPC is amended. The note stresses on bringing in systematic changes in the criminal justice system to make it effective.
Of course, the GoM was told that the PCA already provides for speedy trial as Section 4(4) prescribes day-to-day trial by a special judge and Section 6 provides for summary trial, but such trials get derailed by high courts granting stay, either directly or indirectly by summoning records. Even appeals filed in high courts after conviction take a long time for disposal.
As regards the proposed state funding of elections as a measure to curb corruption impacting political parties, the GoM reportedly pulled up the legislative department of the law ministry wanting time up to March 31 to produce a concept paper. It was told to expedite it in consultation with the EC.
The GoM, which has Union ministers P Chidambaram, Sharad Pawar, A K Antony, M Veerappa Moily, Kapil Sibal, Mamata Banerjee and M K Alagiri as its members, also examined the revised Lokpal bill and another draft of the "Anti-Corruption, Grievances Redressal and Whistleblower Protection Bill" submitted to Mukherjee by former cabinet secretary Prabhat Kumar as president of the India Commission Centre for Governance.
The draft taken on board is based on deliberations in a seminar in New Delhi last month on "Corruption Free India" conducted by the Centre whose co-chairmen are former Chief Justice of India M N Venkatachaliah and former ambassador to United States Dr Abid Hussain.
It also recommends an independent agency of the Lokpal to handle corruption cases, though completely different from the one proposed in the Lokpal Bill.
The Centre cites the case of Hong Kong that was plagued by corruption in 1970s until it formed an independent commission of men and women of merit to tackle it, and says "even India can turn around if we had an effective anti-corruption agency."
Its recommendation is "a statutory, effective and independent investigating and prosecuting multi-disciplinary agency, paid from the Consolidated Fund and led by independent professionals searched, and not merely appointed and barred for some years from re-employment."
The note presented to the GoM provides comparison between this, the draft Lokpal Bill, 2010 prepared by the law ministry, as also MP Lokayukta Act and Karnataka Lokayukta Act.
Sources said the GoM has to take a view on exact contents of the bill proposed to be introduced in the upcoming Budget session of Parliament from February 21.
The GoM also examined how to fast-track departmental proceedings against the corrupt public servants and reviewed in this regard a report by an expert committee headed by former Union Public Service Commission chairman P C Hota that recommended a panel of inquiry and presenting officers from among the retired officers, adequate TA and reimbursement of expenses to witnesses, delegation of powers now with ministers to the concerned secretaries for granting permission and no need of inquiry for minor penalties.
The committee's most important recommendation, however, is that the protection under Article 311(2) of the Constitution should not be available to government servants committing blatant corruption, against whom a high-powered advisory board headed by a retired Supreme Court judge finds adequate prima facie evidence.
It may, however, require a constitutional amendment as Article 311 ensures nobody is dismissed, removed or demoted without giving a proper hearing.
The note prepared for the GoM also suggests that a committee headed by a retired Supreme Court judge and a retired Central Vigilance Commissioner, a retired Central Bureau of Investigation chief and a person of impeccable reputation as members to recommend speedy disposal or withdrawal of the corruption cases pending trial for more than 10 years. According to CBI, there are more than 2,400 such long-pending cases.
As regards to confiscation or forfeiture of property of the corrupt government servants, the note says provisions already exist in the Prevention of Money Laundering Act, 2002, for attachment of properties for the offences under the Prevention of Corruption Act but it covers only offences of Rs 30 lakhs or more. At present, attachments under the PCA are done as per the Criminal Law Amendment Ordinance, 1944.
The note also commends the GoM to have a look at the Bihar Special Courts Act brought by Chief Minister Nitish Kumar last year for confiscation of property by any officer of the Bihar Superior Judicial Service that cannot be challenged in any court of law.
The act provides for refund of the confiscated property with 5 per cent interest if the accused is finally not convicted.
