Anti-corruption bill amendments correct 2 major flaws: Jaitley
New Delhi, July 27 : The passage of the Prevention of Corruption (Amendment) Bill, 2013, corrects two fundamental flaws in the earlier Act by providing for punishment to both bribe givers and takers and requiring the element of dishonest intention of the public official to be proved for an offence, Finance Minister Arun Jaitley said on Friday.
Writing in a Facebook post following the passage of the amendments in the Lok Sabha on Tuesday, Jaitley said the present Prevention of Corruption Act, 1988, legislated in the pre-liberalisation era had not visualised the changes in the economy, "when higher participation of the private sector would take place" and neither "anticipated the kind of risk that it could put honest decision makers to".
"The Bill seeks to punish both - the bribe giver and bribe taker. It provides protection if the briber assists the investigative agency. Even non-monetary gratification has been included within the ambit of the Bill.
"Promoters of companies have been made more accountable. Since the company cannot be sent to jail, the individual in the management responsible for the corruption will be held liable," he said.
The Minister noted that the wide definition of corruption referred to as "criminal misconduct" in the original Act had a potential for including in its ambit also a "honest decision taken by honest individuals which subsequently turn out to be erroneous".
He said there were instances of loans given by an honest bank management in accordance with the rules which were subsequently questioned if the recipient of the loan defaulted "and the entire process of the banker-lender relationship was referred to an investigative agency".
"Reputations were ruined and a fear amongst decision makers was created. This witnessed a tendency where civil servants would postpone decision making to their successor rather than take the risk upon themselves.
"The new Bill, besides correcting the somewhat loose language, now requires the element of mens rea i.e. the dishonest intention to be proved for an offence of criminal conduct to be made out. This will ensure that bonafide actions of public servants are not called into question," he said.
The period of trial for corruption is now required to be completed within two years.
"The Prevention of Corruption Act merely provided for sanction for serving civil servants and not retired civil servants. On the contrary, Indian Penal Code required a sanction for those who are or have been public servants. The two Acts have now been brought at par," Jaitley wrote.
The scare created amongst the civil servants, bankers, heads of public sector undertakings and other decision makers, who have seen in the last few years professional investigation graduating into investigating adventurism, have a reason to be relieved, he added.
The Bill provides for imprisonment from three to seven years, besides fine, to those convicted of taking bribes. Bribe givers have also been included in the legislation for the first time and they can be punished with imprisonment up to seven years, fine, or both.
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Principal held for murdering girl student close to BJP-RSS, alleges Gujarat Cong
Ahmedabad, Sep 24: The Gujarat Congress on Monday claimed a school principal held for allegedly murdering a 6-year-old girl student in Gujarat's Dahod district was close to the BJP and RSS.
The child's body was found in the school compound in Torani village in Singvad taluka on Thursday and a probe zeroed in on principal Govind Nat.
Nat, who was taking the child to school in his car, smothered her to death after she fended of his sexual assault attempt, as per police. He was held on Sunday.
Sharing some photographs in which the accused can be purportedly seen sitting with former state minister Arjunsinh Chauhan and attending an RSS event in the outfit's uniform, Gujarat Congress spokesperson Parthivraj Kathvadiya said, "Govind Natt is a political figure. In the photographs available on social media, Nat can be seen with BJP leaders and also attending events of RSS and VHP."
"It is clear from such cases that our daughters are not safe under BJP rule in Gujarat. These incidents are a disgrace to the education sector and has left parents worried," Kathvadiya said in a statement and expressed concern on the accused getting protection due to his political influence.
He also asked if BJP leaders would take out a candle march for "Dahod's daughter".
Responding to the allegations, Gujarat Education Minister Kuber Dindor said his department worked closely with the police to solve the crime at the earliest.
"We worked closely with the police. It is a shameful act by a principal. Thanks to our efforts, police managed to nab him in 24 hours and sent him behind bars. We have already suspended him and our government will ensure the case will run in a fast track court for speedy justice," said Kuber.
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