A bench of justices Anil Kshetarpal and Harish Vaidyanathan Shankar, while pronouncing the order in Moitra's plea, said "The order is set aside. We have requested the Lokpal to accord consideration for grant of sanction under Section 20 of the Lokpal and Lokayuktas Act in accordance with the relevant provisions within one month".
In a circular dated June 5, it said the Lokpal did not have the power to review its orders while noting "increasing instances of complainants desirous of a reconsideration of the verdict given by it".
The Supreme Court of India will examine the jurisdiction of the Lokpal, India's anti-corruption ombudsman, in entertaining complaints against sitting high court judges. The court is considering a suo motu proceeding initiated over the Lokpal's January 27 order on the issue. The case involves two complaints filed against a sitting additional judge of a high court, alleging that he influenced a judge of the subordinate judiciary and a judge of the same high court set to deal with a suit filed against the complainant by a private company.
The Supreme Court of India has stayed a Lokpal order that allowed complaints to be filed against a sitting high court judge. The court termed the order "something very, very disturbing" and a concern for the independence of the judiciary. The bench issued notices to the Centre, the Lokpal registrar, and the complainant, directing them to keep the identity of the judge confidential. The court will hear the matter again on March 18.
India's anti-corruption ombudsman, the Lokpal, has dismissed a complaint alleging corruption against former Chief Justice of India (CJI) DY Chandrachud, citing a lack of jurisdiction. The complaint, filed in October 2024, alleged abuse of office, corruption, and favoritism by Chandrachud while he was CJI. The Lokpal, in its order, concluded that sitting judges of the Supreme Court, including the CJI, are not subject to its jurisdiction under the Lokpal and Lokayuktas Act. The Lokpal stated that the Supreme Court was established by the Constitution of India, not an Act of Parliament, making it outside the scope of its jurisdiction.
Trinamool Congress on Thursday said it will support the Lokpal Bill in the Rajya Sabha if it is brought without the clause about appointing Lokayuktas in the states.
Apart from the appointment of Lokpal at the national level and Lokayukta in states, Hazare has been demanding implementation of the Swaminathan Commission recommendations and some electoral reforms.
In a bid to allay concerns of states and political parties alike, the government appears to have decided to delink the provision of Lokayuktas in states from the Lokpal Bill.
A landmark bill for creation of Lokpal was passed by the Lok Sabha on Tuesday night with the government making it clear that setting up of Lokayuktas by the states would not be mandatory, amending a contentious provision in view of opposition from allies and others.
The government may drop the clause on setting up of a Lokayukta in states in the Lokpal Bill to bring some opposition parties as also allies like Trinamool Congress on board.
Social activist Anna Hazare on Monday said the proposed Lokayukta Act in Maharashtra on the lines of the Centre's Lokpal legislation will be a "revolutionary" tool to fight against corruption.
The Lokpal bill is expected to be brought in the Rajya Sabha on Monday with some key amendments including removal of the provisions for setting up of Lokayuktas in states.
In a report tabled in Parliament recently, it said several complaints are being disposed of by the Lokpal on the ground that they are not in the prescribed format and asked it not to reject genuine complaints.
"It is mentioned that there is no provision in the Lokpal and Lokayuktas Act, 2013 for appeal, review or reconsideration of an order passed by a bench of the Lokpal of India. It is hereby informed to all concerned that no appeal or request for review/reconsideration of an order will be entertained by the Lokpal of India," the Lokpal said in a notice.
Justice Yashwant Varma noted that the 75-year-old politician's objection with respect to the maintainability of the proceedings were not dealt with by the anti-corruption authority.
The committee, in its report, said that the central government may be requested to consider the inclusion of power of review in the Lokpal and Lokayuktas Act.
The government is moving a proposal to amend the Lokpal Act and the law governing the functioning of the Central Bureau of Investigation to ensure there is no requirement of "quorum" in the respective selection panels for choosing the anti-corruption ombudsman or the CBI chief.
The bill was passed without discussion as the Opposition had staged a walkout over the alleged scam in the Teachers' Eligibility Test.
An official said Justice Pradip Kumar Mohanty, a judicial member of Lokpal, has been given additional charge of the post of chairperson.
A total of Rs 101.29 crore has been allocated to Lokpal for 2019-20, according to the budget presented on Friday by Finance Minister Nirmala Sitharaman.
The CVC has been allocated Rs 39 crore for 2020-21, up from the revised Rs 36.65 crore for the ongoing fiscal.
Justice Ghose, the former Supreme Court judge, was on March 19 appointed as the country's first Lokpal, the anti-corruption ombudsman.
Narendra Modi speaking about Lokayukta is like Asaram "talking about virginity", Union Minister Jairam Ramesh said on Monday, hitting back at the Bharatiya Janata Party prime ministerial candidate.
The Trinamool Congress, which has six members in the Rajya Sabha, said it will "strongly" oppose the provision and want the deletion of Part III of The Lokpal and Lokayuktas Bill, 2011, which deals with setting up of Lokayuktas at the state level. "We have already submitted our amendments. We are going to press for it," Mukul Roy, Trinamool leader and minister of state for shipping, told reporters in New Delhi.
Activist Aruna Roy on Thursday night questioned political parties for raising objections to the provision of setting up of Lokayuktas in the Lokpal Bill, saying they did not oppose such a move earlier.
Highlights of the government's new Lokpal Bill
Kharge shoots off another letter to the prime minister.
Addressing a press conference after an hour-long meeting with anti-graft crusader Anna Hazare, the chief minister said the Lokpal Bill was likely to be passed in the current session of Parliament.
Applications have been invited from eligible retired officials (deputy secretary level/deputy registrar level) for filling up of the post of a consultant in the office of Lokpal, the official said.
Lokayukta sources said much of the findings are already in the public domain as the report was leaked.
The Constitutional (116 amendment) bill, which will have to be passed by a two-thirds majority of Parliament, is the enabling bill that would enable the law-makers to grant the Lokpal constitutional status. If that is not passed, it will also mean the end of the Lokpal and Lokayuktas bill. Sheela Bhatt reports.
The Constitutional (116 amendment) bill, which will have to be passed by a two-thirds majority of Parliament, is the enabling bill that would enable the law-makers to grant the Lokpal constitutional status. If that is not passed, it will also mean the end of the Lokpal and Lokayuktas bill. Sheela Bhatt reports.
In his letter to the prime minister, Hazare said he would continue the campaign in the capital till the Lokayukta is not appointed and the Swaminathan Commission Report is not implemented.
The Lokpal Bill has always appeared to be a jinxed affair, the history of last 40 years shows.
The enactment of Lokpal and Lokayuktas Act will help the Central Vigilance Commission work in an independent and assertive manner, the government said on Wednesday.
The move assumes significance as the government decided to go ahead with the formation of the search committee despite Congress leader in Lok Sabha, Mallikarjun Kharge, boycotting meetings of the Lokpal selection panel.
A former chief justice of the Allahabad high court, Justice Bhosale was sworn-in on March 27, 2019 for a five-year term. He resigned citing personal reasons.
A bench of Justices Ranjan Gogoi and Naveen Sinha, while referring to an earlier judgment of the apex court, said, "We are holding that it is a workable piece of legislation and it is not justifiable to keep this pending."
In further embarrassment for Chief Minister Mayawati, Uttar Pradesh Lokayukta has now recommended removal of a junior minister, the fifth member of her ministry to be indicted by the anti-corruption ombudsman.
Former chief justice of Delhi high court A P Shah, who was named by Arvind Kejriwal as an internal Lokpal of India Against Corruption, on Saturday termed the Jan Lokpal Bill drafted by erstwhile Team Anna as "too draconian".Addressing a conference of state Lokayuktas, Shah favoured setting up of a strong Lokpal to contain corruption in the country but criticised the Jan Lokpal Bill, saying certain provisions of it were not within the limits of the Constitution.
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