'Bring Council of Mins, judiciary under whistle blowers' bill'

New Delhi, Jun 9 (PTI) A Parliamentary committee has
recommended bringing members of the Council of Ministers and
the higher judiciary under the ambit of a bill which seeks to
establish a mechanism to receive complaints regarding
allegations of corruption or wilful misuse of power.
In its report submitted to the Chairman of the Rajya
Sabha(Upper House of Parliament) Thursday, the Parliamentary
Standing Committee on Law and Justice and Personnel has also
recommended bringing the armed forces and security and
intelligence agencies under the ambit of the Public Interest
Disclosure and Protection to Persons Making the Disclosures
Bill, 2010.
The bill was introduced in the Lok Sabha(Lower House
of Parliament) in August, 2010 and is popularly called the
whistle blowers' protection bill.
"No organisation of the government should be left out
from public scrutiny and accountability provided for in the
bill," Committee chairperson Jayanthi Natarajan told reporters
here.
She said in its report, the panel has desired that the
Ministry of Personnel should consider bringing the members of
the Council of Ministers, the judiciary, including the higher
judiciary, regulatory authorities and even the corporates
within the ambit of the bill by making necessary amendments.
Natarajan hoped that since the bill deals with the
issue of corruption and transparency in public life, it would
be in harmony with other legislations, including the Lokpal
Bill, dealing with the same subject.
She said the government should consider the provisions
of the whistle blowers' protection bill while drafting the
Lokpal bill.
Natarajan said the Committee has also recommended that
a foolproof mechanism be envisaged to ensure that the identity
of the complainant is not compromised with, "at any cost and
any level."
On the issue of frivolous complaints, the Committee
has rejected a stringent 5-year jail term for such people. It
said the punishment should not be so harsh, but has not
specified the quantum of punishment. It has also recommended
that the punishment should be "appealable" in a High Court.
The panel has not endorsed the provisions of the bill
ruling out complaints on events older than five years.
In its report, the panel has also recommended
inclusion of witnesses who support the whistle blower in
disclosing cases of corruption.
Amid reports of rampant corruption in centrally-funded
schemes, the committee has suggested a mechanism to apply
particularly in respect of central schemes when state
authorities fail to take "suitable action."
It also hoped that states will adopt the bill at their
level.
The proposed legislation also provides for severe
punishment to those exposing the identity of people disclosing
information.
It provides the Central Vigilance Commission powers of
a civil court to hand down harsh penalty to people revealing
the identity of whistleblowers.
The Bill, which has provisions to prevent
victimisation or disciplinary action against whistleblowers
will cover central, state and public sector employees.
The Bill is expected to encourage disclosure of
information in public interest and people who expose
corruption in government.