Sunday, January 1, 2012

Independence of Investigating agency - UNCAC


At all times it must be noted that 'INDEPENDENCE' and 'UNACCOUNTABILITY' don't mean the same thing. Therefore, the investigating agency can be independent but at the same time accountable.

This has been iterated in the United Nations Convention Against Convention - the same convention under which the Government has framed the present Lokpal Bill. But the Bill was in violation of the same.

The Convention says:

"Article 6. Preventive anti-corruption body or bodies

2. Each State Party shall grant the body or bodies referred to in paragraph 1 (i.e., anti-corruption body or bodies) of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided. "


Regards.

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