Why in news?
The Rajasthan government has recently brought an ordinance to shield judges and bureaucrats facing allegations of corruption from probe.
What are the provisions?
- The Rajasthan government recently passed Criminal Laws (Rajasthan Amendment) Ordinance, 2017.
- It is now sought to be made into a law.
- It protects serving and former judges, magistrates and public servants from being investigated for on-duty action, without government's prior sanction.
- It provides 180 days immunity to the officers.
- If there is no decision on the sanction request after this stipulated time period, it will automatically mean that sanction has been granted.
- In addition, it prevents the media from reporting on accusations on such persons till the sanction for probe is obtained.
- Violating this clause would call for two years imprisonment.
What is the concern?
- Corruption - These changes seem to be increasingly shielding the public officials from corruption cases.
- Insulating honest officials from frivolous or motivated charges of wrong-doing is justifiable.
- However, prosecution for disclosing the identity of the public servants concerned offers an unjustifiable protection to erring officials.
- Also this special protection to those in power, in instances of corruption, seems to go against Article 14 of the Constitution, conferring equal rights in front of the law.
- Media freedom - This is the first time a section prescribing punishment for disclosure is being introduced in India.
- It is a grave threat to media freedom and the public’s right to know.
- Investigation - Provisions in CrPC and Prevention of Corruption Act already make prior sanction mandatory, before a court can take cognizance of a public servant corruption case.
- Iin addition to this, the ordinance, also restraints judicial magistrates from ordering an investigation without prior sanction.
- This could hamper a possible probe, as no investigating agency can approach a sanctioning authority without gathering any material.
What should be done?
- Noticeably, the Supreme Court had earlier struck down a statutory provision for prior government clearance for a CBI probe against officials of the rank of joint secretary and above.
- This verdict is a touchstone to test the constitutionality of the pre-investigation sanction requirement.
- So centre should speed up amendments that redefine criminal misconduct among public servants at the same time protecting legitimate decisions.
- In all, the anti-corruption legislations should aim at punishing the corrupt, protecting the honest, and ensuring whistle-blower safety.
Source: The Hindu, Business Standard