I think the Indian Laws are powerful enough to tackle any situation. However there in no will to implement the laws.
I am of the strong view that the Corruption is not the part of the Official Duties of a Government Employee/Officer and if one implicit himself in the corrupt practices, he exposes himself to the law to take its own course. There should be no law to protect him at all. No sanction must be required to be taken from the government, if prima-falsie it is established that there is a case to proceed with. Section 19 of the Prevention of Corruption Act and all other such provisions in IPC, Cr.P.C. should be abrogated. Or, at least a time frame must be there within which a government has to act and sanction the prosecution. If nothing is heard, on a notice from the court to the government, with the time span, it will be taken as the sanction has been granted. An Investigating Officer should not be burdened with the task of obtaining sanction from the government. He should concentrate only on the investigation and place his findings before the Court of Law. It should be duty of the court to see if the prima-falsie there is a case to proceed with and Court shuld issue a notice to the government.
This step will be more effective than the Lokpal.
Under Section 5 of the Prevention of Corruption Act empowers a citizen to be a public prosecutor. So you need not to depend upon a Government appointed Public Prosecute to handle the matter in the court. Your own Lawyer can act as Public Prosecutor.
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WARM REGARDS
Surendera M. Bhanot
- President, RTI Help & Assistance Forum Chandigarh
- Youth for Human Rights International - YHRI - South Asia
- CEO, Avis Graphix, Chandigarh
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
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