Bengaluru, Mar 17: Law Minister T?B?Jayachandra on Wednesday said the Anti-Corruption Bureau (ACB)?will be given full investigation powers in keeping with the provisions of the Code of Criminal?Procedure (CrPC) and the government will also come out with a detailed manual on the functioning of the newly constituted body.
“The ACB?has been constituted with the intention of having an exclusive police wing to curb corruption. It will have a separate staff headed by a police officer of the rank of Additional?Director General of Police (ADGP). The body has been constituted after a lot of internal consultation,” he said.
Jayachandra said an executive order constituting the ACB?issued on March 15 was just a preliminary notification. “We will soon come out with a detailed notification and also a police manual spelling out the functioning and responsibilities of the body. There will be clarity on the independence of the ACB?once the detailed notification is out,” he said.
He said all cases filed by the Lokayukta police under the PC?Act will be transferred to the ACB. The government will also soon take a call on whether designated courts should be provided to exclusively try cases filed by the ACB.
On whether the public should approach the Lokayukta or the ACB with regard to complaints of corruption against government officials, legislators and ministers, Jayachandra said they can file their complaints in either of the institutions.
The minister said the government had not tinkered with the powers of the Lokayukta. “The Lokayukta will remain an independent body. The Lokayukta staff and police will not be retrenched. The Lokayukta legislation has also remained untouched,” he said.
ACB not under CM: Jayachandra
Law Minister T?B?Jayachandra said the ACB?will not be under the control of the Chief Minister. “Even the police in Lokayukta come under the aegis of the chief minister. The master-servant' relationship exists everywhere. There was confusion with regard to the police wing of the Lokayukta taking up cases under the Karnataka Lokayukta Act, 1984 and also the Prevention of Corruption Act, 1988. Even courts had pointed out the overlap. Henceforth, all cases pertaining to the Prevention of Corruption (PC) Act will be handled only by the ACB”, Jayachandra said.
But the Government Order (GO) clearly stated that the ACB will function under the DPAR. The Vigilance Wing that has been proposed to be set up to assist the ACB in the administrative matters, will be headed by a secretary, who will be an IAS officer. The Secretary will be answerable to the chief minister, the GO added. And, interestingly, the DPAR comes directly under the Chief Minister.




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