Home » Lokpal has no energy to overview its order | India News

Lokpal has no energy to overview its order | India News

by newsking24

NEW DELHI: Anti-corruption ombudsman Lokpalhas held that review petitions regarding an order handed by its bench can’t be entertained due to the absence of associated provisions within the legislation governing it, in accordance to an official order.
The transfer comes after the Lokpal witnessed an growing variety of complainants desirous of a “reconsideration” or ” overview” of the orders handed by it.
A committee comprising three Lokpal members – Justices Abhilasha Kumari, D Okay Jain and I P Gautam – was constituted to look into the side of recommending a coverage relating to requests for a review of an order handed by the bench.
The committee, which was shaped by Lokpal chairperson Pinaki Chandra Ghose, submitted its reviews on October 6, 2020.
“The committee has opined that in the absence of any express and substantive power of review in the Lokpal and Lokayuktas Act, 2013, a request for review of an order passed by a bench of the Lokpal of India cannot be entertained,” said the order issued on Monday.
Hence, it is notified that review petitions regarding an order passed by the bench of Lokpal of India will not be entertained, it said.
The committee, in its report, said that the central government may be requested to consider the inclusion of power of review in the Lokpal and Lokayuktas Act.
In view of the fact that a large number of complainants are filing applications for review of an order, the lack of an express power of review in the Act may act as a deterrent to the dispensation of justice, it said.
“Therefore, in orderto make sure that no injustice has occurred to the complainant and within the curiosity of justice, it could be within the health of issues to request the federal government of India, at an acceptable stage, to contemplate the inclusion of the power of overview on acceptable grounds, within the Lokpal and Lokayuktas Act 2013,” the report said.
The institution of Lokpal and Lokayuktas has been established under the Lokpal and Lokayuktas Act, 2013 to enquire into allegations of corruption against certain public functionaries.
The three-member committee, in its report, said that it is a settled position of law, that the power of review cannot be exercised by a statutory body unless the statute specifically confers such energy.
“The Act, as it stands, does not confer the power of review. In the absence of any statutory provision in the Act empowering the Lokpal of India to entertain an application for review, any such exercise under the garb of reconsideration/ clarification/ modification/correction of the order, would not be permissible in law,” it mentioned.
The jurisdiction of review can only be derived from the statute and thus, if any order of review is passed, in the absence of any statutory provision empowering the same, it would be a nullity, being without jurisdiction, said the panel, which had held its meeting on September 29, citing a Supreme Courtorder.

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