Leak Of Lokpal Proceedings: Punjab Government Threatens Jail

CHANDIGARH: Those who have revealed the details of complaints against Punjab chief minister Parkash Singh Badal and his ministerial colleagues before the Punjab Lokpal and published the content of the complaint, may be jailed upto six months for breaching "in-camera" proceeding provisions of the Punjab Lokpal Act.

The veil of secrecy in the law at a time of the clamour for a transparent Lokpal and then its violation by complainants just ahead of the assembly election is intriguing.

As per Sections 18 and 19 of the Punjab Lokpal Act 1996 (as amended in 2004), the proceedings have to be completely "in-camera" with even revealing or publishing the names of the complainant, its details and the suspect becoming punishable.

When asked about the "in-camera" provisions of the Lokpal Act, the Punjab Lokpal Justice (retd) DS Dhaliwal refused to confirm any details about the complaint saying, "As per the Punjab Lokpal Act, even a list of court appearances of the two parties is not displayed as it happens in normal courts to maintain proceedings completely secret till either the complaint is closed or the investigation has been completed."

Though it may sound completely out of tune in the present age of transparency, yet even those who publish the details of the complaint may be punished.

Justice Dhaliwal said information about the details of the complaint can not be procured even through the Right to Information Act till the matter has reached a finality - either closed or decided.

While this time, the complaint has become public, a similar proceeding against three Congress ministers including Congress vice president Lal Singh remained secret till the matter reached the Punjab Vidhan Sabha.

The latest complaints coming out in the open may open floodgates for the interested parties to use the Punjab Lokpal to launch a smear campaign against those in power just ahead of elections.

Another complaint was filed in the Lokpal later to investigate into an alleged transport scam in Punjab.

When asked Justice Dhaliwal said, "No details can be given from the Lokpal about any case."

In fact, as election is drawing close there are increasing threats of reporting different matters to the Lokpal by the Congress members.

When asked, if the Lokpal is taking any action against those who have violated the much protected secrecy under "in-camera" proceedings, Lokpal office said, "We have not yet taken any action against anybody."

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