I am working against corruption and human rights violations and I am also working to protect the environment.

     It is seen that the government officers are working together to subvert the corruption cases against the public servants and undermining the rule of law. This has resulted in a manifold increase in corruption and break down of the rule of law in the country. Common people are denied justice and cannot even approach courts for redressal of their grievances. So I am inviting your attention to an emergency legal issue that needs to be rectified through appropriate legislation. When read with Para 4 of Prevention of Corruption (Amendment) Act, 2018, Para 12 actually strikes at the root of the intention of law, because in all cases under this Act now permission will have to be taken from the concerned government. Public servants are bound to obey the laws of the country as much as any other citizen. But there is a serious problem with the law that requires prior permission of the government to prosecute government officials. This is helping them to destroy all evidences and undermine the due process of law.  The courts have, atleast in some cases, stated that no such permission is required and proceeded with the cases presented before them. But unfortunately it is not universally followed.

      If a village officer helps, the mafia can cause a scam worth crores of rupees. But this is not a crime that is committed by a village officer alone. The Village Officer is only an instrument in the hands of his/her superior officers. That is why these higher officials should also be among the accused. And there will be obvious conflict of interest in seeking prior permission from these very officials to prosecute their subordinates. With prosecution facts already disclosed they will also destroy whatever documentary evidence is available. Granting enough freedom to investigation officers to carry out the investigation should be fair enough. Appropriate penal provisions for misuse of authority by the investigation officer and compensation for the accused in case of exoneration should provide the required checks and balances.

          Corruption is a major issue facing our country. It has impeded the development activities in all sectors. It is imperative to punish the culprits for the growth of the country. Similarly, it should be ensured that anti-corruption systems of government are working properly. Therefore, the central government should prevent any activities that will affect fast and effective prosecution in all corruption cases.  So I humbly request you to get provision for proceeding with prosecution of public servants for their omissions and commissions affecting just and effective administration in case the competent authority fails to give permission or acceptable reasons for denial of permission within a specified period of time, say 30 days, after submitting the application.

     “Thousands of criminals are being saved while millions of victims are        being created”

 Yours, Truly,

V.S. Shanavas.