Punjab govt okays Lokayukta Bill, consent of two-thirds of assembly a must for MLAs' prosecution

The state Cabinet on Monday gave its nod to the draft Punjab Lokayukta Bill which allows the prosecution of MLAs, including the chief minister, if two-thirds of the assembly approves.

The Bill to be introduced in the current Budget session seeks to replace the Punjab Lokpal Act, 1996 and will cover all public functionaries.

"Now the prosecution ofthe chief minister, ministers and MLAs will require the approval of the two-third members of the House," a spokesperson said,adding that the new condition has been introduced to stop the "misuse" of the anti-corruption watchdog through "frivolous" complaint.

"The new legislation will cover all levels of public functionaries, up to the chief minister and ministers, with an aim of checking corruption," he said.

He said the lokayukta shall have all powers of a civil court under the Code of Civil Procedure, 1908.

"It will provide for prosecution in case of a false complaint," he added.

The legislation bars a parallel probe into a complaint against any officer/public functionary if an inquiry is being conducted into the matter by the lokayukta.

He, however, said the lokayukta will not have the authority to conduct a parallel inquiry into the matter already under investigation by the government.

"All sanctions by the assembly, whether or not permission to prosecute is granted, will be binding on the lokayukta," the spokesman said.

The four member anti-corruption watchdog shall have a chairperson, who is or has been a judge of the High Court or the Supreme Court.

At least one member shall be from amongst persons belonging to the Scheduled Castes or Backward Classes, minorities, or women, all of whom shall be qualified personnel with impeccable reputation.

The chairperson and members of the body will be appointed by the governor on the recommendation of a selection committee, comprising the chief minister as the chairperson, Speaker of the state assembly, Leader of the Opposition, Chief Justice of the Punjab and Haryana High Court and an eminent jurist nominated by the Punjab government.