Protection to employees from corruption

ON one side the Supreme Court and other courts are trying to curb corruption but it appears that   the governments are giving unwanted protection to their servants, officers, bureaucrats, ministers, politicians and a latitude to commit corruption without fear.  The basic norms of criminology are as per the provisions of Code of Criminal Procedure or as per the provisions of special enactments investigation; inquiry and trials are to be conducted. Sec. 197 of the Cr. P. C, Sec. 19 of the Prevention of Corruption Act and Sec. 6-A of the Delhi Special Police Establishment Act sanction for prosecution against the delinquent is taken either from government or the competent authorities. This means Sanction for prosecution is the last phase of the filing of charge sheet against the employees of the government establishments. There is no bar to register a case against any one whether he is government employee or otherwise. But if Charge sheet (challan) is to be filed then in given case sanction is to be obtained. Sec. 197 empowers the different governments to include in the list of employees for whom sanction from government is required to be given without which prosecution cannot be launched and if it is done the court will not take cognizance of the case.

What the present governments are doing is the investigating agencies will not commence even investigation before the Lokpal nods for it. Why it is so? The Minister of State for Personnel, Public Grievances   and Pensions Jitendra Singh said this was being done to ensure efficient and transparent working of employees! He further said that the government does not want to discriminate against any employee at any level and wants to make a cordial atmosphere to ensure efficient and transparent working of the employees.

If this is the sole aim of the government it has ample power to do so by just issuing notification under Sec. 197 Cr. P.C and amending the provisions of Sec. 19 of the Prevention of Corruption Act and Sec. 6-A Delhi Special Police Establishment Act. But instead of doing so the ulterior aim of governments are to protect the corrupt employees.

In granting sanction against government employees government takes long time to consider whether sanction should be granted or not. It changes rules of sanction from time to time. The law department of a state in a routine manner grants sanction in case of low rank officers and employees but incase of big guns having juicy mango postings government go on delaying sanction and do not grant sanction till courts do not pull them of. Thus the governments are the main abettors of crimes because the source of corruption is juicy pot and bureaucrats and officers contribute to feed politicians. The recent theft of important documents from different departments of Union Government reveals that how employees of any rank becomes men of corers and the flow of corruption reaches to the ministers also. 

If governments want to do something better in relation to investigation relating to corruption the system of phenolphthalein test which is presently cruel and inhuman should be changed. Most of the accused persons say that they have been falsely implicated by forcibly applying the said acid. The so called independent witnesses are also government officers who basically do not know about the prosecution system; secondly they are just like lambs in the hands of police and under pressure also.  Presently in case of positive test of phenolphthalein on the person and cloths of the accused it is in routine believed that the accused has accepted bribe and courts in routine convicts accused persons but does not consider how far police has falsely implicated accused. As it is evident the investigation by police in most of the cases is faulty and not based on honest attitude many persons are falsely and accused are falsely implicated by police in criminal cases and criminal justice system is always looked with doubts. The law relating to evidence should be suitably amended so as to get a fare opportunity of trial to an accused person under such circumstances.

In case of disproportionate property of an employee while making raid  includes all properties of the employee and his  relatives also are included in the list of properties owned by the accuse person and the accused has to give explanation how these properties came in his possession. Police do not go in depth of the investigation and find out which properties belong to the accused and other claimants. In cases of disproportionate properties investigating agencies should always give information to IT and Enforcement departments so that those departments may also find out the realities. This will help accused persons from saving themselves from criminal liability.  For this also suitable amendment in law should be made.

However there is no logic and propriety to restrict the investigating agencies to seek permission to investigate crimes.