NEW DELHI: Anti-corruption ombudsman
Lokpalhas held that
review petitions regarding an
order passed by
its bench cannot be entertained due
to the absence of related provisions in the law governing it, according
to an official
order.
The move comes after the
Lokpal witnessed an increasing number of complainants desirous of a "reconsideration" or "
review" of the orders passed by it.
A committee comprising three
Lokpal members - Justices Abhilasha Kumari, D K Jain and I P Gautam - was constituted
to look into the aspect of recommending a policy regarding requests for a
review of an
order passed by the bench.
The committee, which was formed by
Lokpal chairperson
Pinaki Chandra Ghose, submitted
its reports 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 ensure that
no injustice
has occurred
to the complainant and in the interest of justice, it may be in the fitness of things
to request the government of India, at an appropriate stage,
to consider the inclusion of the
power of
review on appropriate grounds, in 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
power.
“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 said.
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.