Questions raised against MP govt’s move to have CM’s nod for graft investigation

The state government’s General Administration Department has issued a circular about the process to be followed under the Prevention of Corruption Act 1988 in compliance with the Ministry of Personnel, Public Grievances & Pensions’ directives.

Bhopal: Madhya Pradesh government has ordered that no police officer, Lokayukta organization or anti-corruption organizations can directly investigate or lodge an FIR or any kind of inquiry against a government officer in any corruption related matter. The move has drawn criticism from the opposition. It has been learnt that the MP government has incorporated the provision in Section 17-A of the Prevention of Corruption Act, 1988, with the permission from the Chief Minister being made mandatory for any action against an officer of the All India Service or any class thereof.

The rule has been issued under the instructions of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), Government of India. According to the rules issued by the MP government on May 5, in the cases of corruption of All India Service or Class-I officers, the administrative department will investigate them, test them and then send them to the Chief Minister's coordination. The decision will be taken at the level of the Chief Minister, the administrative department will inform the concerned investigating agency.

Ongoing investigation on more than 100 officers in MP

As per officials, the Lokayukta investigation is being carried out against 35 IAS officers. Besides, complaints of corruption have also been made against 20 IPS and 39 IFS officers. Several of the accused officers have already retired while some have been suspended.

The IAS officers against whom investigation is pending in Lokayukta include Basant Kurre, Lalit Dahima, Ashok Kumar and Virendra Kumar. Manish Sethia, Pawan Kumar Jain, Nilay Satbhaiya, Vivek Singh, Pankaj Sharma, MP Namdev are included in the State Administrative Service. A complaint has also been registered against police officers Anil Kumar Mishra, Devendra Sirolia, Sushil Ranjan Singh, Vikas Pathak and Siddharth Chaudhary.

Anti-corruption agencies will be helpless

It is being believed that after the new rules, agencies engaged in the investigation of corruption control, such as the special police establishment of the Lokayukta organization or institutions like Economic Offences Wing, will be paralyzed. “When someone's hands are tied, the (corrupt) officers will not be scared anymore. This will make them autocratic. In such a situation, corruption will further increase,” said SC Tripathi, former Director General of Police, Madhya Pradesh.

The Congress has also criticised the Madhya Pradesh government’s order. The Opposition party also said that such a move will not only paralyse the investigative agencies but will also promote corruption whereas the ruling BJP said such a measure would bring transparency in such cases.

“Those who gave the slogan of ‘Na Khaunga Aur Na Khane Dunga’ (would not take bribes, nor let anyone do so) have ensured the protection of corruption and those involved in it. Now, under Section 17A of the Prevention of Corruption Act, 1988, permission from the Chief Minister to the Administrative Department has been made mandatory for investigation against corrupt officers and employees,” state Congress chief Kamal Nath said in a tweet.

Nath said the Shivraj Singh Chouhan government’s move will paralyze the anti-corruption agencies. “Corruption will become unbridled and corrupts will be protected,” he alleged. On the other hand, MP BJP secretary Rajneesh Agrawal told PTI that the government order will ensure transparency.

“The BJP-led governments at the Centre and in MP have enacted several laws to control corruption at every level. On the other hand, the Congress means corruption which was proved before the 2014 Lok Sabha elections,” he alleged.