The central government on Friday notified the terms of reference of the Justice R S Pathak Inquiry Authority, giving it more powers under the Commissions of Enquiry Act to go into the allegations of payoffs to former External Affairs Minister Natwar Singh and Congress Party, named in the Volcker Committee report.
An official release said the authority, headed by former Chief Justice of India and judge of the International Court of
Justice, will go into various aspects relating to the references in the report on the United Nations Oil-for-Food Programme.
The power conferred on the authority provides for tabling of the report together with the memorandum of action taken in Parliament within six months of its submission by the government and it will have powers of civil court for summoning
witnesses, documents and receiving evidence.
The authority may require any person to furnish information useful or relevant to the Inquiry and to conduct search or seizures for books of accounts or other documents from anywhere.
The authority shall be deemed to be a civil court for the purpose of certain provisions under the Chapter entitled "Of
Contempts of the Lawful Authority of Public Servants" in the Indian Penal Code.
The authority's proceedings will be deemed to be judicial and it will have powers to utilise the services of any officer
or investigation agencies of the central or state government with their concurrence for conducting investigation.
Complete Coverage: The Volcker Report
No statement made by a person in the course of giving evidence before the commission can be used against him in any civil or criminal proceedings.
Acts in good faith will be protected from legal proceedings and all the authority members will be deemed to be public servants.
Any act calculated to bring the Authority or any member into disrepute will be liable to penalty.
The terms of reference were notified in the gazette through a resolution. The highlights are:
* Authority to be clothed with powers of Commissions of Inquiry Act
* Report, memorandum of action taken to be tabled in Parliament within six months of submission to government
* Panel will have powers of a civil court for summoning witnesses, documents and receiving evidence.
* Can ask any person to furnish relevant information
* Can conduct search or seizure for books of accounts or documents
* Deemed to be a civil court for holding anyone responsible for Contempt of the Lawful Authority of Public Servants under Indian Penal Code
* Proceedings of the Authority will deemed to be of judicial proceeding
* Authority can utilise services of any officer or investigation agency
* No statement made by a person in the course of giving evidence before the Commission can be used against him in any civil or criminal proceedings
* Acts in good faith will be protected from legal proceedings
* All members of the Authority will be deemed to be public servants
* Penalty against those bringing the Authority or any member in to disrepute.
