The Central Bureau of Investigation (CBI) is looking into a complaint forwarded by the Lokpal regarding an allegation against Trinamool Congress MP Mahua Moitra related to certain questions raised by her in the Lok Sabha, according to sources.
About Lokpal:
- The Lokpal and Lokayuktas Bill, 2011 was passed by the Parliament on 17th December 2013.
- The Act came into force on 16th January, 2014 and has been amended once in 2016 since its notification.
- Justice Pradip Kumar Mohanty, Member (Judicial) has been authorised to act as the Chairperson.
Jurisdiction And Functions Of Lokpal:
- The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union Government under Groups A, B, C and D.
- Also covered are chairpersons,members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Union or State government.
- It also covers any society or trust or body that receives foreign contributions above ₹10 lakh (approx. US$ 14,300/- as of 2019). Hence statement 1 is correct
- A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act, 1988 against a public servant.
Complaint:
- There is no restriction on who can make such a complaint.
- When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing or any other agency, or refer it for investigation by any agency, including the CBI, if there is a prima facie case.
- Before ordering an investigation by an agency, the Lokpal shall call for an explanation from the public servant to determine whether prima facie case exists. This provision, the Act says, will not interfere with any search and seizure that may be undertaken by the investigating agency.
- The Lokpal, with respect to Central government servants, shall refer the complaints to the Central Vigilance Commission (CVC).
- The CVC will send a report to the Lokpal regarding officials falling under Groups A and B; and proceed as per the CVC Act against those in Groups C and D.
- The Inquiry Wing or any other agency will have to complete its preliminary inquiry and submit a report to the Lokpal within 60 days. It has to seek comments from both the public servant and “the competent authority”,before submitting its report. There will be a “competent authority” for each category of public servant as defined under the Act.
Powers of Lokpal:
- The Lokpal is vested with the power of search and seizure and also powers under the Civil Procedure Code for the purpose of conducting preliminary inquiry & investigation and power of attachment of assets and taking other steps for eradication of corruption.
- Lokpal will have power of superintendence and direction over any central investigation agency including CBI for cases referred to them by the Lokpal.
Form and manner of complaint:
A complaint shall be filed in any of the following manner, namely: –
- electronically, in the manner, as laid down by the Lokpal; or
- by post; or
- in person.
Provided that where the complaint is filed electronically, the hard copy thereof shall be required to be submitted to the Lokpal within a period of fifteen days from the date of filing.
Form and manner of complaint:
A complaint shall be filed in any of the following manner, namely: –
- electronically, in the manner, as laid down by the Lokpal; or
- by post; or
- in person.
Provided that where the complaint is filed electronically, the hard copy thereof shall be required to be submitted to the Lokpal within a period of fifteen days from the date of filing.
A complaint may ordinarily be made in English: Provided that the Lokpal may also entertain a complaint in any of the languages referred to in the Eighth Schedule to the Constitution