Decade after law enacted, Lokpal forms prosecution wing

Anna Hazare
Anna Hazare- The Lokpal Champion
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New Delhi | More than a decade after the law was passed, anti-corruption ombudsman Lokpal has constituted a prosecution wing to prosecute corrupt public servants, officials said on Thursday.

The Lokpal and Lokayuktas Act 2013 (Act of 2013) came into force on January 1, 2014, when it received the assent of the President. It, however, began functioning only on March 27, 2019, following the appointment of its chairperson and members.

Section 12 of the Act obligates the Lokpal to constitute a prosecution wing "for the purpose of prosecution of public servants."

A Lokpal bench, in its August 30, 2024, meeting, had decided to constitute both the inquiry and prosecution wing of the Lokpal.

The bench had also authorised the chairperson to take such steps as may be necessary for it, including commencing the selection process for appointment of officers and staff needed logistical assistance, the order said.

"However, at that time, considering the limited number of prosecution cases referred by the Lokpal, it was decided to initially constitute only the inquiry wing in terms of Section 11 of the Act of 2013, vide order dated 05.09.2024," it said.

Since there has been an increase in the number of prosecution cases now, the full bench, through a resolution on June 5, decided to make the prosecution wing functional by appointing officers on a deputation basis first.

On Thursday, the Lokpal made public a notification regarding the constitution of the wing.

"It is hereby notified that, in exercise of powers conferred in Section 12 of The Lokpal and Lokayuktas Act, 2013 and in furtherance to the resolution dated 30.08.2024 and dated 05.06.2025 of the full bench of Lokpal of India, the chairperson, Lokpal of India, vide a formal order dated 06.06.2025, has constituted the prosecution wing of the Lokpal of India," the notification dated June 13, read.

The Lokpal Act has a provision to constitute a prosecution wing headed by the "Director of Prosecution" to prosecute the public servants.

It stipulates that till the time the prosecution wing is constituted, the central government will make available officers and other staff from its ministries or departments for the sake of prosecution.

According to the law, the Director of Prosecution is tasked with filing a case as per the findings of the investigation report before a special court and taking all necessary steps concerning any offence punishable under the Prevention of Corruption Act, 1988.

The data till May 2025 show there were 88 graft-related complaints, with 80 carried forward from the previous month.

Twenty-nine such complaints were pending for different reasons.

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