DIMAPUR, OCTOBER 9 (MExN): The Against Corruption and Unabated Taxation (ACAUT) Nagaland has rejected the Nagaland State Government’s Nagaland Lokayukta Bill 2015, terming it as “useless.”
The ACAUT as such submitted its own recommendations for the bill in a letter to the Chairman, Standing Committee on Lokayukta, Nagaland Legislative Assembly.
In its letter, the ACAUT said that the consultative meeting held between the Standing Committee on Lokayukta and the ACAUT Nagaland members on September 26 at the Committee Room, Assembly Secretariat, was unfortunately held in a rushed manner.
“We concur that the Standing Committee should have given us the Nagaland Lokayukta Bill, 2015, for thorough study before extending its invitation as objected to in the meeting. After having perused the draft bill, the ACAUT can only conclude that the government’s Nagaland Lokayukta Bill 2015 is useless,” it said.
The ACAUT Nagaland claimed that the bill “is an attempt to hoodwink the Naga public” and therefore cannot be accepted by the ACAUT Nagaland under any circumstances.
Referring to specifics, the ACAUT said that Section 8 of the draft Nagaland Lokayukta Bill, 2015 is unacceptable. The entire section-9, it stated, “is deemed to have infringed upon the effectiveness of Nagaland Lokayukta, leaving it without teeth.” Further, it pointed out that the INSERT IGNOREion of Second Schedule is completely unnecessary. “Therefore, this section has to be deleted in whole.”
The ACAUT further stated that “as discussed in the meeting, the INSERT IGNOREion of the word Suo-Moto is crucial for the effectiveness of the Lokayukta.” It expressed surprise that “there is no mention of this word anywhere in the draft, especially in the relevant sections, particularly Section-11.”
The ACAUT further stated that “there is no Investigation Wing and Prosecution Wing-in the Nagaland Lokayukta Bill, 2015.” It also said that section 14 (4) (b); section 16; section 20; sections 25 (2) (3) (4) and (5); and section 30 are “unacceptable.”
It further called for the rephrasing of section 26, adding that requirement of prior sanction from the competent authority to go ahead with prosecution cannot be blanket. “Section 197 of the CrPC and Section 19 of the Prevention of Corruption Act, 1988 accord safeguards to help public servants discharge their duties honestly, not to shield the guilty, as per the Supreme Court,” the ACAUT pointed out.
It therefore stated that the ACAUT’s recommendations in the draft Nagaland Lokayukta Bill 2017 should be accepted. “If prior sanction of the government is required to prosecute guilty public servants, the Lokayukta would become another toothless tiger,” it cautioned.
The ACAUT concluded that almost a third of the Nagaland Lokayukta Bill, 2015 is unacceptable.
Submitting its draft proposal titled ‘ACAUT Nagaland recommendation - Nagaland Lokayukta Bill, 2017,’ the ACAUT stated that this draft has “all the salient features necessary for an effective Lokayukta.”
“Unless the Standing Committee is willing to draft a new bill titled ‘Nagaland Lokayukta Bill, 2017,’ that is, re-introduction of a new bill in the special session of the NLA- after crucial inputs from ACAUT Nagaland or adoption of its draft proposal, there can be no meeting ground,” the ACAUT stated.
It further stated that the ACAUT cannot partake in an exercise “where the people of Nagaland are to be taken for a ride by setting up a Lokayukta which will be just in name.”
If its proposals are acceptable, the ACAUT said the Chairman of the Standing Committee may call for another but last round of Consultative meeting immediately.
.jpg)
.jpg)
