Saturday, August 20, 2011

I Support the Cause

Thousands of people have joined the fight against corruption. A hundred noble ideas are floating around on how to slay this monster. In the melee of ideas, let's not forget the specifics of this debate. Reduced to a few lines it is as simple as this: There are two bills before the public - the Toothless Government Lok Pal Bill & the Jan Lok Pal Bill. Which of these do you choose? Once you make your choice, you can suggest tweaks. But FIRST make your choice.


Eye Opener # 1: "The Chief Minister of Punjab is the Minister in charge of Vigilance Department of Punjab. Interestingly, the same vigilance department is also investigating charges of corruption against himself and his family and is prosecuting them." The Government Lok Pal Bill operates on the same principle.

Eye Opener # 2: "According to the Lokpal model proposed by Government of India, CVC will enquire into the role of bureaucrats and Lokpal will look into the role of politicians, as if politicians and bureaucrats indulge in corruption separately."

Eye Opener # 3: "Even if a corrupt person is sent to jail, there is no provision in law to confiscate his ill gotten wealth or to recover the loss caused by him to the government due to his corrupt practices." The Jan Lok Pal Bill tackles this loophole.

Eye Opener # 4: "Presently, we have institutions of Lokayuktas in 18 states. They are merely advisory bodies. They neither have resources nor powers." The Jan Lok Pal Bill will make mean Lokayuktas in every state. With more power.

Eye Opener # 5: "In addition to imposing departmental penalties, if a case is made out, Jan Lokpal or Jan Lokayukta will file a case in trial court. The court will have to complete the trial and announce punishment within next one year."

Eye Opener # 6: "Each bureaucrat, politician and judge would be required to submit a
statement of moveable and immoveable assets owned by him and his family on an annual basis, which will be put on the official website. If an asset is subsequently found to be owned by a public servant, it would be deemed to have been obtained through corrupt means and would be confiscated " Now you know why the establishment is afraid of Jan Lok Pal Bill.

Eye Opener # 7: "The Chairperson and members of Jan Lok Pal will not be eligible for appointment to any position in the government or for contesting elections after they leave office." In my view, this is a brilliant clause.

Eye Opener # 8: "Rather than CJI giving permission to register FIR against a corrupt
judge, a seven member bench of Lokpal should grant such permission." The judiciary is scared of the Jan Lok Pal Bill for this very reason.

Eye Opener # 9: Is Jan Lok Pal a super cop? "Not at all. Because against politicians (for their conduct outside parliament), judges and bureaucrats, Lokpal will only investigate complaints of corruption and file a case in court. The courts will have the power to try and award punishment. Lokpal will not have powers to award punishment."

Eye Opener # 10: Did you know this? "After investigation is completed in any case, when a case is filed by CBI in a court, CBI’s lawyer is selected and appointed by the Law ministry. Therefore, if any minister is involved in any case, law ministry would appoint such a person, who would try to kill the case rather than get the accused punished." Now you know why CBI ties itself in knots before the courts.