TEAM HERALD
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PANJIM: The State Legislative Assembly on Wednesday passed the Goa Lokayukta (First Amendment) Bill 2013 with changes. The bill was referred back to the House by the Governor asking for certain changes.
As per the new amendments, government has reduced the fine for ‘false and frivolous’ complaints filed before the Lokayukta to between Rs 10,000 to Rs 1-lakh and changed the ‘deemed to be rejected’ for indictment reports of the Lokayukta to ‘deemed to be accepted’ if competent authorities do not act on the reports.
Though, the government has made necessary amendments, including lowering the fine for ‘false and frivolous complaint’, Chief Minister Manohar Parrikar said that he still held to his position that “the earlier amendments were right.”
Parrikar also pointed out that that ‘if we can’t trust a retired Supreme Court judge, then there is no point in having a Lokayukta’. “Are we so much corrupt that we believe everyone can be corrupt?’ he questioned.
The Bill introduced by Parrikar, was not unanimously passed by House as Congress MLA Alexio Reginaldo Lourenco demanded further reduction in the fine imposed for ‘false and frivolous’ complaints.
The Bill makes it mandatory for a competent authority to act on a recommendation of the Lokayukta, failing which, the recommendation would be deemed to be accepted.
“The competent authority shall, within a period of three months, from the date of receipt of the report, either accept or reject such a declaration after giving an opportunity of being heard to the public functionary concerned… If the declaration… is not rejected within such period of three months, it shall be deemed to have been accepted by the competent authority…,” the bill reads.
Commenting on the amendments, the chief minister said that he would not interfere in the Court, wherein a case against Lokayukta has been filed. He said that government will accept the Court directives if it feels that the law has not been drafted as per the Constitution of India.
“There were reservations from people over certain clauses of Lokyukta. Though the amendments are now being made, I still feel what I did earlier was right. By these amendments I do not accept that I was wrong,” he said.
Parrikar clarified that Lokayukta is an independent investigating agency, which will prima facie investigate, the corruption and people involved in it. If the chief minister, a minister or a government servant is involved, then the file would be referred to State government, he said.
“No chief minister will go scot free if any of his minister or government officer is involved in corruption,” he commented.
Earlier, while speaking on the amendments Reginaldo expressed unhappiness over the section continuing to give immunity to the chief minister and ministers. “If the declaration… is in respect of a chief minister or a minister, accepted or deemed to be accepted by the competent authority, he may resign from his office,” he quoted the bill and said the words “shall resign” needs to be added.
Responding to this demand, the chief minister said “you cannot insert the word “shall” resign for a minister as he is appointed as per the Constitution of India. You cannot force him to resign but chief minister can remove him as a minister.”
“It is not as per the constitution and hence cannot be added in the law,” he stated.
Independent MLA Vijai Sardesai also wanted further reduction in fine from Rs 1,00,000 to Rs 50,000 and argued that it would have been more viable if a Lokyukta had been a Goan.
