Newly-appointed state Lokayukta Justice (retd) Prafulla Kumar Mishra in an exclusive interview with ‘The Navhind Times’ speaks to Ramnath N Pai Raikar about various aspects pertaining to functioning of the Office of the Goa Lokayukta. He also shares his views on controlling corruption in public offices as well as high places, and the controversy as regards red beacon on his official vehicle, among other things
Q: Sir, you have recently taken over the responsibility of the state Lokayukta. Are you of the opinion that there is a need to be more public awareness as regards approaching the Office of the Goa Lokayukta, generally in India, and particularly in Goa?
Yes, definitely. The people should know about the scope of the provisions contained in the Goa Lokayukta Act, and they should be aware of the powers and limitations of Lokayukta under this Act. If anyone desires to approach my office to seek any information or file a complaint then the registrar of the Office of the Goa Lokayukta is always present, and is very much accessible to the public.
Q: The Office of the Goa Lokayukta has recently issued a notice to the public functionaries like elected representatives, ministers and sarpanchas to file details of their assets and liabilities for the financial years between 2012 and 2016, before June 30, this year, or face action. What could be the possible action against those public functionaries, who fail to file such statement to your office?
As far as the declaration of assets and liabilities is concerned, the related provision is contained in Section 21 of the Goa Lokayukta Act. This provision requires that every public functionary should file the statement by the end of June of every year. Supposing they do not file the said statement then the Office of the Goa Lokayukta has to issue a specific notice and if within the time specified, they still do not come out with the declaration then their names can be published in the newspapers. Furthermore, their names can also be submitted with a report to the state Governor, who may thereafter place the matter before the state legislative assembly. So these are the provision for action under the Act. No other power exists with the Office of the Goa Lokayukta, in this context.
Q: A complaint has been filed, jointly addressed to the Chief Secretary, Director General of Police and the director of transport, against the use of a red beacon on your official vehicle, stating that it amounts to contempt of the Supreme Court order.
In fact, I am not very keen on the use of red light on my vehicle. The presence of red beacon on my vehicle is immaterial to me, and therefore, this is a meaningless controversy generated on the particular issue. Hence, one should not give much importance to it.
However, according to our interpretation, the Lokayukta who has been specifically given the status of that of the Supreme Court judge is authorised to use the red beacon as per clause (a) read with clause (c) of the notification issued by the central government dated January 11, 2002 as amended on July 28, 2005. This notification, in its Item A clause 12, has indicated the Supreme Court judge for use of red beacon on the vehicle, and furthermore, Item C says that any vehicle carrying the dignitary formally designated as the equivalent in rank and status to those dignitaries, as referred to in Item A shall also be entitled to use the red beacon. In this connection, Section 6 of the Goa Lokayukta Act says that the Lokayukta shall have the status of the judge of the Supreme Court and shall be entitled to the same salary, allowances and pension, and shall be subjected to the same conditions of service as a judge of the Supreme Court.
Q: Around 16 registered complaints were pending before the Office of the Goa Lokayukta, when you took over as the state Lokayukta, which comprised those pertaining to illegal mining and recruitments in government departments – including Goa Medical College and health department – pending before the state ombudsman. Do you propose to handle them, especially the mining scam case on priority basis?
I have gone through all the matters pending before the Office of the Goa Lokayukta, when I took over this post. We have already started issuing notices to the persons concerned, to continue all the matters from the stage at which they were, at the time the previous Lokayukta resigned. So from that stage onwards, those matters will continue. All these matters would be taken up after first week of June 2016. However, as far as mining is concerned, one matter which had been referred to by the government had the previous Lokayukta seeking some clarification from the government. So the matter has now gone back to the government. Therefore, as such that particular matter is not pending with us.
Q: It has been observed that in a number of states around the country, the Office of the Lokayukta and the government had developed differences between them for obvious reasons. Would you try to iron out such differences from your side, if any such differences crop up here, in the future?
I had taken an Oath of Office to discharge my duties without fear or favour, before taking over the responsibility of the post of the state Lokayukta. I had taken similar oaths several times earlier, as a judge of the High Court as well as the Chief Justice of the Patna High Court. So I intend to follow the dictates of my oath.
Q: Lastly, how do you think can a Lokayukta efficiently curb corruption in high places?
Actually that way it all depends on the provisions contained in the particular Lokayukta act. Here, the provisions relating to the report made by the Lokayukta is contained in Section 16, particularly 16 (A). So whatever is contemplated in this Section is to be followed. The existing provisions in the Goa Lokayukta Act can definitely act as a roadblock, in curbing the corruption, but ultimately eradication of corruption would depend upon the conscience of the particular person. If the person is true to his conscience and would act honestly, and discharge duties and functions according to law, definitely there will not be any scope for corruption.