We can reduce Corruption

Using Right to Information, I have obtained evidence of two serious impediments to curbing corruption amongst Government officers in Maharashtra. Perhaps this may be true of other States as well. Both of these practices have no sanction in law, and if Citizens bring some pressure, these can be reduced considerably.
1. One fairly serious problem is that when criminal or corruption charges are leveled against government servants, an illegal practice has been followed by the State by which the Police does not enquire or investigate without getting prior approval from the particular department. This obviously delays investigations and at times,- by collusion,- no investigations take place. As per the Criminal Procedure Code the Police has to register all complaints and investigate cognizable offences expeditiously. After a crime is reported, only an investigation can reveal whether the crime has been committed. Police investigating crimes is the only way that the law enforcement system can work. The State of Maharashtra has taken a position since many decades that when a cognizable offence is alleged to have been committed by a Government servant, the State will first decide whether investigations should be allowed. This is being claimed to be done on the basis of GR ATO 2772/1-V-A of 21 February, 1972. This is illegal. Most Police officers and Government servants have been quoting this GR without reading it. A careful reading of this GR shows that it does not even talk of criminal complaints lodged with the police being referred to the Government. It only talks of how departments should first verify charges internally before rushing to ask for special investigating teams of police to conduct investigations. A perfectly reasonable GR has been misinterpreted widely for decades, leading to an illegal position being taken by the State. I would also like to mention that no GR can be issued,- even now,- to achieve this objective, since it would be a subversion of the CrPc and the rule of law.
2. Even when an investigation is conducted against Public servants and the ACB finds evidence of corruption, Section 197 of the CrPc is misinterpreted to ensure that Public servants guilty of corruption and other criminal actions are not prosecuted. Section 197 reads, “(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction”-… of the government.
This section has been misinterpreted to mean that whenever there is any charge
against a Public servant, no prosecution can be undertaken without prior sanction from the State. Thus even in cases of traps and disproportionate assets, sanction for prosecution is sought. The sanction is often delayed or not given,-depending on the bribery skills and connections of the accused. There are instances of sanction being refused after years with no reasons being given! I have obtained evidence from the ACB that in 17 cases, sanction for prosecution has not been given for over six months. In some of these the sanction was pending over five years. I would like to point out that as per Act 21 of 2006, no department can delay a file for over 45 days. Thus delays in giving sanctions should attract the charge of dereliction of duty under Section 10 (2) of this Act. There is no reason why the State cannot take action against officers responsible for delaying sanction for prosecution for over 45 days.
Powerful corrupt Public servants have developed a very good modus operandi with the collusion of other corrupt officials misusing the above two methods. First sanction for investigation (which is not required under any law) is delayed or not given. This practice is a subversion of the Criminal Procedure Code. The delays help the criminals to cover up their crimes, and the evidence. The really powerful criminals ensure that no investigation can take place. If the investigations take place,- and they are not able to influence the investigations,- they can still stall sanction for prosecution by getting departments to violate the provisions of Act 21 of 2006. Is it a surprise that honest police officials feel frustrated by this series of obstacles in bringing criminal Public servants to book? It is not surprising that they either get frustrated or decide to take the bribes which are offered very freely. The result is that the “Protection of Corruption” act is being is being enforced very effectively. This can be changed by two simple steps by the Home department:
1. A clarificatory GR can be issued that investigations against Public servants do not need any prior permission from the State. This is the law. The GR is required because of a long history of disinformation which exists.
2. A GR that the Home department will ask for action against officials under Act 21 of 2006 in case departments do not give sanctions for prosecution within 45 days. Rejection of these sanctions should be rare, and should be done by the Secretary in charge of the department with a reasoned order.
What is being proposed does not need any change of laws or setting up any special mechanism. The suggested measures are merely to enforce the existing laws.
If Citizens make these demands, a considerable reduction in corruption is possible by strengthening the hands of the Police to enforce the ‘Prevention of Corruption’ Act.