Proposed Lokpal equipped to attach property of corrupt persons

New Delhi, Jun 22 (PTI) The proposed Lokpal
(ombudsman) will have powers to attach property of public
servants accused of corruption and its investigating officers
will have rights enjoyed by police like conducting searches,
the Indian government draft says.
The Lokpal and investigating officers authorised by it
will have powers to attach property if the ombudsman has
reason to believe that somebody is in possession of any
proceeds of corruption. It can "provisionally" attach property
for a period of 90 days.
According to the government draft if "any person is in
possession of any proceeds of corruption, such person is
accused of having committed an offence relating to corruption
and such proceeds of offence are likely to be concealed,
transfered or dealt with any manner which may result in
frustrating any proceedings relating to confiscation of such
proceeds of offence...provisionally attach such property for a
period not exceeding 90 days..."
However, the Lokpal will have to inform the Special
Court about the attachment and if the latter feels that the
attached property was acquired through corrupt means, then it
can confirm the attachment till completion of the proceedings.
If the public servant is convicted of corruption, the
proceeds relatable to the offence under the Prevention of
Corruption Act shall be confiscated and vest in the Central
Government "free from any encumbrance or leasehold interest
excluding any debt due to any bank or financial institution".
The government draft also says the Lokpal can
authorise any officer of its investigation wing to search for
and seize any document which shall be useful or relevant to
any investigation conducted by it.
"If the Lokpal is satisfied that any document seized
would be evidence for the purpose of any investigation or
inquiry under this Act and that it would be necessary to
retain the document in its custody or in the custody of such
officer as may be authorised, it may so retain or direct such
officer authorised to retain such document till the completion
of such investigation or inquiry," the draft said.
The draft also provides the Lokpal with powers and
authority in respect of contempt of itself as the High Court
has and may exercise such power or authority.
According to the government document, the Lokpal will
have to hear the officer under scanner before it firms up a
conclusion following preliminary investigations as well as
before filing a charge sheet.
"Before the Lokpal comes to the conclusion in the
course of a preliminary inquiry and after submission of a
report that a prima facie is made out against the public
servant pursuant to such a preliminary inquiry, the Lokpal
shall afford the public servant an opportunity to be heard
consistent with principles of natural justice.
"...Upon completion of such investigation but before
filing a charge sheet, the investigating authority shall place
the records in its possession along with it prima facie
conclusion before the Lokpal who shall before directing that a
charge sheet be filed afford the public servant concerned
an opportunity to be heard consistent with the principles of
natural justice," the draft said.