CBI out of Lokpal control

New Delhi: Refusing to yield to Anna Hazare's demand, the government has kept CBI out of the control of Lokpal and decided not to hive off the Directorate of Prosecution from the investigative agency.

The Lokpal, with Constitutional status, will, however, have superintendence over the cases referred to CBI by the anti-graft ombudsman, according to the draft bill that was considered by the Union Cabinet at a special meeting tonight.

The watchdog will have the powers to carry out preliminary inquiry to be headed by a Director of Inquiry and will have a prosecution wing under a Director.

The Lokpal, which will be an eight-member body, will have a term of five years and its chairman or a member can be impeached only after at least 100 MPs make a representation.

Departing from the original bill, the government has now proposed 50 per cent reservation for SC/ST, OBCs, Minorities and Women in the Lokpal bench and in the search committee.

Half of the bench would be members from judicial background, sources told PTI.

The Lokpal and the members will be selected by a Committee consisting of the Prime Minister, Lok Sabha Speaker, Leader of Opposition in the Lok Sabha, Chief Justice of India or a Supreme Court judge nominated by him and a jurist of eminence nominated by the President.

The investigating agency will submit report to Lokpal. At least three members of the Lokpal Bench will go through the report to decide whether to file a chargesheet or a closure report or to recommend a departmental inquiry.

If a chargesheet is filed, the prosecution wing of Lokpal will initiate proceedings in a special court.

No sanction or approval of any authority will be required under directions of Lokpal.

Lokpal will have the power of superintendence over CBI in case of preliminary inquiry or investigation in matters referred by Lokpal. CVC will be required to send periodical reports to Lokpal on action taken on complaints referred by Lokpal.

Lokpal will have powers of search and seizure of any documents. Any investigating agency can be authorised by Lokpal for it.

Lokpal will have powers to utilise services of any officer or any agency of the government of India or a state.

The Lokpal or any officer authorised will have powers to order attachment of property if convinced that they are proceeds of corruption. The attachment cannot be for more than 90 days without confirmation of court.

But within 30 days of attachment, prosecution wing will move application in a special court seeking confirmation of the attachment till investigations are over.

The changes in the original Lokpal Bill were cleared by Prime Minister Manmohan Singh this morning after a group of ministers worked on them yesterday and officials gave finishing touches.