Lokayukta Act amended even before it can be enforced - ToI

TNN | Feb 1, 2013, 12.57 AM IST PORVORIM: The controversial Goa Lokayukta (first amendment) Bill, 2013, seeking to increase the fine for "frivolous or vexatious complaints" from Rs 1 lakh to Rs 10 lakh, was passed in the assembly amidst a walk out by the opposition. The penultimate day of assembly session saw discussions on the amendment to the bill for over 50 minutes during which the opposition tried to put the government on the mat for trying to push the amendment which, they said, would make the Lokayukta "toothless". The government is yet to appoint a Lokayukta in the state. The opposition benches demanded that the amendment be withdrawn saying it would deter people from filing complaints. Chief minister Manohar Parrikar disagreed with this and said the amendment has been introduced on the suggestion of selected Lokayukta, retired Supreme Court judge B Sudarshan Reddy. "Sudarshan Reddy has said that the Goa Act is too mild and suggested this amendment, which is also present in Karnataka and I have introduced it," Parrikar said, and added that Reddy has said that this is a powerful section. While Parrikar tried to justify the amendment, the opposition benches criticized the chief minister for increasing the fine from Rs 1 lakh to Rs 10 lakh for frivolous or vexatious complaints. Before walking out, opposition leader Pratapsingh Rane said, "I support the bill but I don't support the increase of fine from Rs 10,000 to Rs 10 lakh." Clarifying on doubts raised by the public and opposition, Parrikar said he has not removed the original clause from the Lokayukta Act but by this amendment has tried to strengthen the act. "This is a positive addition to the old act. It is a very strong section it will not dilute the old section," he said. Parrikar said the amendment has been moved because the governor, who is the competent authority in the case of the chief minister can take action on the chief minister without issuing him a notice. "There are cases carried out on deemed acceptance and everybody should get natural justice," Parrikar said, adding that these days the governor is a political appointee and is no more an independent authority. Parrikar further said, "If I write that a minister or chief minister should resign then it would be unconstitutional as the CM is appointed under Article 164 of the Constitution." He asked whether constitutional power can be removed by law. St Cruz MLA Atanasio Monserrate questioned Parrikar as to why he had not raised the same issue when the bill was passed in 2011. Nuvem MLA Francisco 'Mickky' Pacheco asked whether there is a need of a Lokayukta in the state. Curtorim MLA Aleixo Reginaldo Lourenco said that when there is already a law to punish persons for false and bogus complaint what is the need to increase the fine. Opposing the amendment, Vishwajit Rane wondered what is the logic behind the amendment and said it will send wrong signals that politicians are scared of facing the Lokayukta. Fatorda MLA Vijai Sardesai said the ombudsman will become toothless as the fine will be a deterrent to those wanting to fight corruption. Parrikar said, "Just because the public are opposing, I will not pass a wrong legislation." Amendment is ridiculous, says Justice Hegde Porvorim: Former Karnataka Lokayukta Justice (retd) Santosh Hegde said the amendment made to the Goa Lokayukta Act is "ridiculous" and will prevent people from filling complaints. Speaking to TOI Hegde said many times people make complaints but sometimes these are difficult to prove. "This does not means that it is false complaint," Hegde said. "Who now will make a complaint? What will happen to the small man who makes a complaint and has to pay lakhs in fines as it cannot be proved?" Hegde asked. He also said that in such circumstances even the corporate sector will not hesitate to complain. Reacting to the deemed rejection clause inserted by the government, Hedge said that anybody found guilty after investigations should resign. "This is ridiculous, if the Lokayukta make a report and it is rejected then why should he make a report?" Hegde said. He also said that the situation at the Centre is similar, as they too want to appoint an ombudsman but don't want to give him powers. http://timesofindia.indiatimes.com/city/goa/Lokayukta-Act-amended-even-before-it-can-be-enforced/articleshow/18280247.cms