Govt. Lokpal Bill short commings

Government’s Lokpal Bill 2010 Lacks

(Proposed to be passed as an ordinance by the Central government)

UPA government has been under constant attack due to exposure of one scam after the other on the issue of corruption. In order to salvage its image, the government proposes to set up an institution of Lokpal to check corruption at high places. However the remedy seems to be worse than the disease. Rather than strengthening anti corruption systems, this bill if passed, will end up weakening whatever exists in the name of anti corruption today.

The principal objections to government’s proposal are as follows:

1. Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from general public. The general public will make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha. Only those complaints forwarded by Speaker of Lok Sabha/ Chairperson of Rajya Sabha to Lokpal would be investigated by Lokpal. This not only severely restricts the functioning of Lokpal; it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party). It will also provide a tool in the hands of the ruling party to protect its own politicians.

2. Lokpal has been proposed to be an advisory body. Lokpal, after enquiry in any case, will forward its report to the competent authority. The competent authority will have final powers to decide whether to take action on Lokpal’s report or not. In the case of cabinet ministers, the competent authority is Prime Minister. In the case of PM and MPs the competent authority is Lok Sabha or Rajya Sabha, as the case may be. In the coalition era when the government of the day depends upon the support of its political partners, it will be impossible for the PM to act against any of his cabinet ministers on the basis of Lokpal’s report. For instance, if there were such a Lokpal today and if Lokpal made a recommendation to the PM to prosecute A. Raja, obviously the PM will not have the political courage to initiate prosecution against A. Raja. Likewise, if Lokpal made a report against the PM or any MP of the ruling party, will the house ever pass a resolution to prosecute the PM or the ruling party MP? Obviously, they will never do that.

3. The bill is legally unsound. Lokpal has not been given police powers. Therefore Lokpal cannot register an FIR. Therefore all the enquiries conducted by Lokpal will tantamount to “preliminary enquiries”. Even if the report of Lokpal is accepted, who will file the charge sheet in the court? Who will initiate prosecution? Who will appoint the prosecution lawyer? The entire bill is silent on that.

4. The bill does not say what will be the role of CBI after this bill. Can CBI and Lokpal investigate the same case or CBI will lose its powers to investigate politicians? If the latter is true, then this bill is meant to completely insulate politicians from any investigations whatsoever which are possible today through CBI.

5. There is a strong punishment for “frivolous” complaints. If any complaint is found to be false and frivolous, Lokpal will have the power to send the complainant to jail through summary trial but if the complaint were found to be true, the Lokpal will not have the power to send the corrupt politicians to jail! So the bill appears to be meant to browbeat, threaten and discourage those fighting against corruption.

6. Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers. The officers and politicians do not indulge in corruption separately. In any case of corruption, there is always an involvement of both of them. So according to government’s proposal, every case would need to be investigated by both CVC and Lokpal. So now, in each case, CVC will look into the role of bureaucrats while Lokpal will look into the role of politicians. Obviously the case records will be with one agency and the way government functions it will not share its records with the other agency. It is also possible that in the same case the two agencies arrive at completely opposite conclusions. Therefore it appears to be a sure way of killing any case.

7. Lokpal will consist of three members, all of them being retired judges. There is no reason why the choice should be restricted to judiciary. By creating so many post retirement posts for judges, the government will make the retiring judges vulnerable to government influences just before retirement as is already happening in the case of retiring bureaucrats. The retiring judges, in the hope of getting post retirement employment would do the bidding of the government in their last few years.

8. The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Also selection committee is heavily loaded in favor of the ruling party. Effectively ruling party will make the final selections. And obviously ruling party will never appoint strong and effective Lokpal.

9. Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defense. This means that corruption in defense deals will be out of any scrutiny whatsoever. It will become impossible to investigate into any Bofors in future.

Therefore, the draft Lokpal ordinance is eyewash, a sham. It is sad that despite so much of embarrassment caused to UPA due to so many scams, UPA is still making a fool of the people in the form of this draft ordinance.

Anna Hazare Bird Eye view

Kisan Bapat Baburao Hazare (Marathi: किसन बापट बाबुराव हजारे) (born 15 January 1940), popularly known as Anna Hazare (Marathi: अण्णा हजारे), is an Indian social activist who is especially recognized for his contribution to the development of Ralegan Siddhi, a village in Parner taluka of Ahmednagar district, Maharashtra, India and his efforts for establishing it as a model village, for which he was awarded the Padma Bhushan by the Government of India in 1992.

Early life

Anna Hazare was born on 15 January 1940 in a small village called Bhingar, near the city of Ahmednagar, Maharashtra. Hazare's father, Baburao Hazare worked as an unskilled labourer in Ayurveda Ashram Pharmacy and his grandfather was in the army, posted at Bhingar when Anna was born. He died in 1945 but Hazare's father continued to stay at Bhingar. In 1952, Hazare's father resigned from his job and returned to his own village, Ralegan Siddhi. At that time Hazare had six younger siblings and his family had to face significant hardships. Hazare's childless aunt then took Anna to Mumbai and offered to look after him and his education.

Hazare studied upto the 7th standard in Mumbai and took up a job after the 7th standard due to the economic situation in his household. He started selling flowers at Dadar in order to make his living and support his family. After gaining some experience, he started his own shop and brought two of his brothers to Mumbai. Gradually, Hazare's income increased to around 800 per month, a decent income in those times.

In the Indian Army

Anna Hazare started his career as a driver in the Indian Army. He spent his spare time reading the books of Swami Vivekananda, Mahatma Gandhi and Acharya Vinoba Bhave that inspired him to become a social worker and activist. During the Indo-Pakistani War of 1965, he was the only survivor in a border exchange, while driving a truck. During the mid-1970s he survived a road accident while driving.

Uprooting alcoholism

As the next step towards social and economic change, Anna Hazare and the youth group decided to take up the issue of alcoholism. It was very clear that there could be no progress and happiness in the village unless the curse of alcoholism was completely removed from their lives. At a meeting conducted in the temple, the villagers resolved to close down the liquor dens and ban the drinking of alcohol in the village. Since these resolutions were made in the temple, they became in a sense religious commitments. Over thirty liquor brewing units were closed by their owners voluntarily. Those who did not succumb to social pressure were forced to close down their businesses, when the youth group smashed up their liquor dens. The owners could not complain as their business was illegal. Though, the closure of liquor brewing reduced alcoholism in Ralegan Siddhi, some villagers continued to drink. They obtained their liquor from neighboring villages. The villagers decided that those men would be given three warnings, after which they would be physically punished. Twelve men who were found in a drunken state even after initial warnings were tied to a pole with help from the youth group and flogged. Anna Hazare says, “Doesn’t a mother administer bitter medicines to a sick child when she knows that the medicine can cure her child? The child may not like the medicine, but the mother does it only because she cares for the child. The alcoholics were punished so that their families would not be destroyed.Anna Hazare appealed to the government of Maharashtra to bring in a law whereby prohibition would come into force in a village if 25% of the women in the village demanded it. In July 2009, the state government issued a government resolution amending the Bombay Prohibition Act, 1949. As per the amendments, if at least 25% of women voters demand liquor prohibition through a written application to the state excise department, voting should be conducted through a secret ballot. If 50% of the voters vote against the sale of liquor, prohibition should be imposed in the village and the sale of liquor should be stopped. Similar action can be taken at the ward level in municipal areas. Thereafter, another circular was issued, making it mandatory to get the sanction of the Gram Sabha for issuing new permits for sale of liquor. In some instances, when women agitated against the sale of liquor, cases were filed against them. Anna took up the issue again and in August 2009 the government issued another circular that sought withdrawal of cases against women who sought prohibition of liquor in their villages.

Along with the removal of alcohol from the village, it was decided to ban the sale of tobacco, cigarettes and beedies. In order to implement this resolution, the youth group performed a unique "Holi" ceremony twenty two years ago. The festival of Holi is celebrated as a symbolic burning of evil. The youth group brought all the tobacco, cigarettes and beedies from the shops in the village and burnt them in a ‘Holi’ fire. From that day, no tobacco, cigarettes, or beedies are sold in any shop at Ralegan Siddhi.

Anti-corruption protests in Maharashtra

In 1991, Hazare launched the Bhrashtachar Virodhi Jan Aandolan (BVJA) (People's Movement against Corruption), a popular movement to fight against corruption in Ralegan Siddhi. In the same year he protested against the collusion between 40 forest officials and the timber merchants. This protest resulted in the transfer and suspension of these officials.

In May 1997, Hazare protested against the alleged malpractices in the purchase of powerlooms by the Vasantrao Naik Bhathya Vimukt Jamati Vikas Manch and the Mahatma Phule Magasvargiya Vikas Mandal. These institutions were directly under the charge of then Maharashtra Social Welfare minister Babanrao Gholap of the Shiv Sena, since their managing committees were dissolved after the Shiv Sena-BJP government came to power in the state in 1995. Hazare also raised the issue of alleged massive land purchase by Gholap's wife Shashikala in Nashik between April to September 1996. He forwarded the available documentary evidences in support of his allegations to then Maharashtra Governor P. C. Alexander. On 4 November 1997, Gholap filed a defamation suit against Hazare for accusing him of corruption. He was initially arrested in April 1998 and was released on a personal bond of Rs 5,000. On 9 September 1998, Anna Hazare was imprisoned in the Yerawada Jail after being sentenced to simple imprisonment for three months by the Mumbai Metropolitan Court. The sentencing came as a huge shock at that time to all social activists. Leaders of all political parties except the BJP and the Shiv Sena came in support of him Later due to public protests, the Government of Maharashtra ordered his release from the jail. After release, Hazare wrote a letter to then chief minister Manohar Joshi demanding Gholap's removal for his role in the alleged malpractices in the Awami Merchant Bank. Gholap resigned from the cabinet on 27 April 1999.

In 2003, the corruption charges were raised by Hazare against 4 ministers of the Congress-NCP government belonging to the NCP. He started his 'fast unto death' on 9 August 2003. He ended his fast on 17 August 2003 after then chief minister Sushil Kumar Shinde formed a one man commission, headed by the retired justice P. B. Sawant to probe his charges. The P. B. Sawant commission report, submitted on 23 February 2005, indicted Suresh Jain, Nawab Malik and Padmasinh Patil. The report exonerated Vijaykumar Gavit. Suresh Jain and Nawab Malik resigned from the cabinet in March 2005.[

Right to Information movement

In the early 2000s, Anna Hazare led a movement in Maharashtra state, which forced the Government of Maharashtra to repeal the earlier weak act and pass a stronger Maharashtra Right to Information Act. This Act was later considered as the base document for the Right to Information Act 2005 (RTI), enacted by the Union Government. It also ensured that the President of India assented to this new Act. Law professor Alasdair Scott Roberts mentions,

“ The state of Maharashtra - home to one of the world's largest cities, Mumbai, adopted a Right to Information Act in 2003, prodded by the hunger strike of prominent activist, Anna Hazare. ("All corruption can end only if there is freedom of information," said Hazare, who resumed his strike in February 2004 to push for better enforcement of the Act).

Awards and honours

Awards - received by Anna Hazare

§ 2008 - On 15 April 2008, Anna Hazare received the World Bank's 2008 Jit Gill Memorial Award for Outstanding Public Service: "Hazare created a thriving model village in Ralegan Siddhi, in the impoverished Ahmednagar region of Maharashtra state, and championed the right to information and the fight against corruption."

§ 1992 - Padma Bhushan award, by the Government of India

§ 1990 - Padma Shri award, by the Government of India

§ 1989 - Krishi Bhushana award by the Government of Maharashtra.

§ 1986 - Indira Priyadarshini Vrikshamitra award by the Government of India on 19 November 1986 from the hands of Prime Minister of India Rajiv Gandhi.

Felicitations: He was felicitated by the Ahmednagar Municipal Corporation on 15 January 1987 and by the Pune Municipal Corporation also.

Pleader Leader Nexus

If one can’t understand by lessons in life than only God can make him Learn the lesson of the life.

Amalgamation of leader into pleader has left us with this constitution which was written by British keeping in mind the safeguards of their servant and themselves as well against the atrocities, loot of national wealth and shameless unsocial acts committed by them. (Read about the constituent assembly).

Now pleaders got amalgamated with leader and once again the citizen has been left to cadge and remain cad. Certain things to keep in mind while evaluating what we got and lost: -

· First we must keep in mind that priority in politics is to save chair and for that peoples mandate is required.

· In the surfaced row of scams “Congress was established as Club of corrupt, careless and conspiring people” with no explanation to save themselves. They were cornered and this agitation brought them in the center, how? Read further and comment with impartiality.

· Now by way of this agitation and it’s conclusion till now, congress has have them armed with a strong excuse “we are the party who accepted your demand to adopt your “Jan Lokpal Bill”.” How can a corrupt organization adopt a Bill against himself? It is the purpose of congress which has been served not citizens. (Swami Agnivesh said “Govt. has given us more than what we have asked for”. Also said “Govt. agreed to give us the Govt. letter but they have given us the Gazetteer with notification)” Why Govt. was so generous and more than willing to give much more than what was asked for?

· Last but not least to justify that we need to correct ourselves first and keep our third eye open or 6^th sense sensitive all the time. Some questions, please find the answer. Who is Shanti Bhushan and who is Prashant Bhushan? Why we criticize Gandhi Nehru family only for ancestral promotion?

Conclusion

To get rid of Small Pox, dead virus of Variola Virus (Small Pox) is inoculated in man and thus immunity against the decease is achieved, that is what has happened and achieved by politicians not by citizens. Here Virus was agitation; causative organism was on face Anna Hazare.

Unless Indian Constitution Rewritten

Unless Constitution of India is Re-written?????

Anna Hazare is a crusader and youths are supporting him, conclusion should not be far in laying the stepping stone of New Bharat.

Indian Constituent assembly to frame the constitution of India was selected by the interim Govt. (Not Elected) headed by Congress & Premiered by Nehru.

Constituent assembly had 52 members, all Barristers or Advocate that with majority of Congress man. (So confused Constitution).

When General elections took place in India, it was conducted by the interim Govt. of Congress. (We all know even after serious opposition, how (Congress managed elections in there favor) fair were those elections..) We can well imagine how fair those elections of 1950 must have been.

Indian Constitution got accepted in Parliament by Congress and by the same elected Govt., which was very convenient, easy and suitable for Congress. It was for Congress & is till date and not citizens of India.

Pakistan Problem, reason well kept secret by politicians under cover of official secrecy act (Made by British). What is that? It was Indo Pakistan Water Treaty 1963 signed by Mr. Jawaharlal Nehru under American pressure. (One must know the treaty)

Why terrorism started in 1989? Treaty signed by Grandfather (Nehru) was neglected by the than Grand Son and P.M of India Late Rajeev Gandhi in 1989 by taking loan from world bank for construction of Baglihar Project which was in violation of 1963 water treaty. Only after that terrorism started. (This is also a secret to hide dictatorial way of Nehru in taking decisions regarding water treaty).

Suppose if Jan Lokpal Bill as per the draft of Anna Hazare is accepted and enforced even than how Lokpal will be able to stop congress from manipulations?

After all the Lokpal will neither be able to collect evidence in general nor the forensic evidence in particular.

What Lokpal is going to do with the Judiciary? Congress has precedence of waiting and delaying till opportune circumstances comes. (Mundra Kand, Chithra Kand, Nagarwala Kand, Boffors Kand, L.N.Mishra Murder case are some examples)

All investigation and money trail will lead to some foreign country, how and what Lokpal will be doing.

Any Govt. in power under pressure of US will manipulate the law and enforce the “will” of the corporate. Only after corporatisation, scam of this magnitude has surfaced.

Drafting of Bill? Only “except” instead of “accept” can obliterate all intentions without a change in pronunciation, advocates shall be there but so were in constituent assembly.

I will not get into great detail as this is not a forum also who is going to ask me for a lecture or debate. If I say in 1962 China was not but India was aggressor, I am afraid I will be killed by innocent uninformed citizens may be, but it is a fact. Do people know what Anderson Report is, what was the forward policy, who was Arbind Koul, Who was Dalvi? Etc.

My Conclusion

Include in Constitution, time bound accountability for Bureaucracy, Legislative, Judiciary and Citizens of India as well and prescribe stringent punishment for dereliction. Constrain of time will not allow any one to plan and play.