The parliamentary panel examining the Lokpal bill is learnt to have formulated a five-stage mechanism that separates investigation from prosecution, and maintains “equilibrium in the holy trinity” of CBI, CVC and the proposed Lokpal.
On the question of whether to include the prime minister in the Lokpal’s purview, opinion in the standing committee, sources said, has narrowed to two points of view: keeping the PM out and, including the PM with powerful safeguards such as a reference from the full bench of the Supreme Court.
The committee, headed by Abhishek Manu Singhvi, is also learnt to have finalised the selection and search committee for the Lokpal. The five-member panel headed by the prime minister should include the Speaker and Leader of Opposition in Lok Sabha, Chief Justice of India, and an eminent Indian nominated jointly by the Chief Election Commissioner, Comptroller & Auditor General and chairman of UPSC, the standing committee is learnt to have decided. It was decided at today’s meeting that the Lokpal’s recommendations would be binding in cases of departmental action such as suspension of Group A and B officers — and be overturned only by the minister, who would have to give reasons.
The five-stage mechanism was proposed by Singhvi, and accepted by the panel, sources said. In the first stage, a compaint must be received by the Lokpal who, in the next stage, would hold a preliminary enquiry. If a case is made out, it would be referred, in the third stage, to CBI, which will investigate independently of the Lokpal or ministries. In the fourth stage, the case would go to the Directorate of Public Prosecution, to be placed under the Lokpal. In the last stage, the case would go to a special judge.
Singhvi said, “Today we discussed significant issues regarding the prime minister, the correct equilibrium in the holy trinity of the CBI, CVC and Lokpal, and the constitution of the selection and search committee. Excellent progress and a high degree of convergence was achieved.” The committee is likely to decide on questions like the PM and phone tapping in its next meeting.