This apart, one convicted of filing a false case against a public servant under the proposed legislation will also be liable for paying compensation, in addition to legal expenses, to the victim, as the special court to be set up under provisions of Prevention of Corruption Act for the purpose of the Bill may determine.
Safeguard
The Bill, however, provides for a safeguard to complainants, stipulating that they could not be prosecuted for filing false case under the proposed law, if it was done in “good faith”.
No court, except a special court, will have the jurisdiction to take cognizance of such cases. The special court will take cognizance of such cases either on a complaint made by public servant against whom a “false, frivolous or vexatious” complaint was made, or by an officer authorised by the Lokpal.
Prosecution
The prosecution in relation to such offences will be conducted by the public prosecutor and the Central government will bear all the expenses incurred in such prosecution.
The President of India can remove Chairperson or any member of the Lokpal from their office on the grounds of “misbehavior” after the Supreme Court, on a reference made before it in connection with the matter, favours it on the basis of an inquiry conducted in accordance with law.
Chairperson or any member of the Lokpal shall deemed to be guilty of “misbehavior” if they are found to be concerned in any way or interested in any contract or agreement made by or on behalf of the government of India or the any state government, or participate in any way in the profit thereof, the Bill proposes.
