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Conviction in Corruption Case: The Long Road to Justice

Posted by ABC Monday, 6 October 2014 0 comments

Kautilya, in his Arthashastra, says: “Just as a fish moving deep under water cannot be possibly found out either as drinking or not drinking water, so, government servants employed in government work may not be found out while taking the money for themselves. It is possible to ascertain the movement of birds flying high up in the sky but it is not possible to ascertain the movement of government servants or their hidden purposes.”

Kautilya further says: “Just as it is impossible not to taste a drop of honey or poison that is placed at the tip of the tongue, so it is rather impossible for the government servant not to eat up at least a bit of the king’s revenue.”

The conviction of former Tamil Nadu Chief Minister must have compelled Kautilya to turn in his grave. After all, here is a case of the chief servant herself being convicted in the disproportionate assets case.

Often, members of the political class manage to get away from prosecution with the abuse of power, betraying the trust of people who voted them to office. Even if somehow a politician fails to protect his/her skin and is convicted of malpractices, attempts are made at every stage to obstruct and delay the judicial process. Thus, by exploiting the grey areas of law, the convict is able to remain in office and exercise power for prolonged periods of time. This also ensures that the case escapes media scorn and eventually fades away from public memory.

What such clever people fail to realise is the fact that the rule of law upholds for all citizens including people in high public office. However dextrous you may be in sweeping your clandestine activities under the carpet, a day shall come when you are scrambling through your coffers replete with booty and suddenly your hands collide with the skeletons hidden there from the past. This is the day the gaze of law falls upon you and the majesty of law triumphs. As long as the case proceeds, you feel happy at being successfully able to dodge your destiny only to realise later the depth of pit you have dug up for yourself and the number of links of sin you have forged for yourself.

An elected leader is a repository of public faith and carries the great responsibility of delivering on his/her electoral promises by means of effective and corruption free governance. It is expected of a leader to narrow down the disparities by way of his/her administrative acumen and bring the society to the altar of progress and prosperity. Isn’t it shameful that often such leaders are found indulging in unconstitutional activities? Isn’t it a murder of public faith when such leaders are caught siphoning off public funds to their personal accounts which are otherwise meant for public welfare?

It certainly is!

A politician is primarily a public servant who ought to serve the society to the best of his/her ability. We, not I should be the agenda when it comes to the distribution of fruits of effective public policies. State, not self should be the word that should prick the conscience when it comes to assessing the impact of government decisions. What we observe in most cases, unfortunately, is just the contrary.

It is indeed a matter of great pride that ultimately it is the wisdom of judiciary that prevails, however long it might take. But we need to plug the lacunae in our system by means of checks and balances and strengthen our legal framework to check the abuse of power. It is high time the procedural reforms are introduced to expedite the disposition of cases that involve huge amounts of taxpayer’s money. There is an urgent need to ensure that those found guilty are severely punished. This can only be achieved by ensuring active citizen participation. Strengthening the provisions of the Right to Information (RTI) Act to empower the citizens is the need of the hour. Voters must exercise their right to vote if they are to elect able administrators. A change in attitude toward the nation is also required if we are to develop a sense of collective responsibility and ensure honest functioning of government machinery.

It is we who can bring the change and for that we will have to be the change ourselves!

Happy Independence Day 2014

Posted by ABC Thursday, 14 August 2014 0 comments

At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long suppressed, finds utterance.

-- Pt. Jawaharlal Nehru

The journey from 15 August 1947 to 15 August 2014 has been a saga of memorable experiences, both bitter and sweet. Envisioned as the engine of growth and the supreme power of Asia, India has witnessed unprecedented economic growth and development since independence from the British rule. From a nation gripped in the claws of malnutrition and hunger, today we have not only become self-sufficient in food but have also ensured food security for our citizens for a brighter and healthier future. From a nation struggling with abject poverty and depravity, today we have made several successful attempts to bridge the divide between the haves and the have-nots. From a nation suffering from obnoxious caste-based discrimination and oppression, today we have succeeded to a great extent in curbing these practices and narrowing down the differences among people belonging to different social and religious groups. We have played a pivotal role in strengthening the social fabric of India and imbibe a spirit of patriotism among the citizens. We have strengthened the roots of secularism and ensured equal opportunities to all in virtually all spheres of life. From an agriculture dependent stagnant economy stuck in the path of slow economic growth, today we have leveraged India’s influence across the world and brought it to the altar of high economic growth and development. We have become stronger as an economy and have made sensational shifts into the industrial and manufacturing sectors. This has resulted in not only the generation of tremendous employment opportunities but has also made India a pioneer of technology. Today, we possess arguably, the sharpest and the most dexterous professionals who are scaling new heights each day irrespective of the obstacles in their path. From a nation that possessed a weak defence structure and fought with swords and daggers, today we have strong and highly competitive defence forces equipped with the latest technology defence warfare equipment to guard the nation from its enemies. We now possess one of the best armed forces that have provided our nation with impenetrable armour.

However, there are several disheartening facets that must not be belittled as they expose the chinks in our nation’s armour. Politics, today have taken a ghastly turn. From cowardly terrorist attacks to cold blooded fake encounters, from violence along communal and ethnic lines to the incidents of crimes against citizens in general and women in particular, Indian politicians have stooped to lower and lower levels and spared no opportunity to politicise the issue to further their interests. Neither the agony of the aggrieved individuals nor the loss of life and property has deterred them from thinking beyond their electoral considerations. Consequently, they have been unabashedly carrying out ‘loot and plunder’, showing scant regard for the institutions of the Constitution of the sentiments of the people of India. Corruption has reached such alarming proportions that a loss of a few hundred crores to the exchequer every other day has now failed to provoke the masses. Thanks to the shoddy investigation carried out in the aftermath of the outbreak of scams and scandals, seldom is any strict action taken to seize the booty and the perpetrators thus, easily escape the noose by circumventing the law. In this society moving rapidly towards increasing ‘modernisation’, virtues and values are drying out. Crimes against women – rape, molestation, dowry-death, acid-attack, forcible flesh-trade have reached shocking figures and the concerned authorities have only distanced themselves from their duties.

The need of the hour is to check the ever increasing westernisation of the India society. It is high time we ‘redeem our pledge’ and strengthen our laws. India is surrounded by several hostile forces that intend to create unrest in the country and balkanise it. We need to see through their nefarious designs and thwart their cowardly attempts to derail the peace process. It is high time we take corrective measures to tackle the menace of corruption and crack the whip on the ever increasing trend of dynastic politics. It is necessary to revamp our policies to control the rate of crime in our society and devise stringent and deterrent punishments for those who tend to denigrate the sacrosanct institutions of our Constitution.

Whether ‘tis nobler in the mind to suffer

The slings and arrows of outrageous fortune,

Or to take arms against a sea of troubles,

And by opposing end them?

--William Shakespeare

On the eve of Independence Day, we must remind ourselves of the vision of our great freedom fighters and their doctrines of universal brotherhood of mankind and service to the nation. Let us push ourselves into ascending the growth ladder but not trample upon our diverse cultural and moral values.

Wish you all a very HAPPY INDEPENDENCE DAY!!!

JAI HIND

An open letter to the media

Posted by ABC Friday, 24 January 2014 2 comments

Dear sir/ma’am

Through these columns, I wish to express my dissatisfaction with the way you are exploiting the power of media to lead a one-sided anti-Aam Aadmi Party (AAP) propaganda. I beg to differ with your brazen criticism of the AAP ideology and the way you have been exploiting your forums to chastise the functionaries of the AAP. As a responsible and law abiding citizen of India, I wish to discuss some of the contentious issues surrounding the AAP that have been blown out of proportion and that need to be understood with pragmatism.

Availability of 660 litres of fresh water for free and electricity at reduced tariff:

This has been the primary agenda of the AAP that has won the debutantes votes in large numbers. I fail to understand the rationale behind the hue and cry among the members of the Opposition as well as the media. Why is the fulfilment of this electoral promise being termed as distribution of freebies? Access to fresh water and electricity is a basic necessity to sustain a livelihood in a metropolitan city like Delhi. The AAP has clearly specified how it intends to earn revenue by cross-subsidising water and electricity. The burden of this subsidy is considerably small as compared to the burden caused to the exchequer by the ministers of other governments o useless activities like construction of memorials, erection of statues as a ‘symbol of unity’, distribution of laptops, mobile phones, household electronic appliances and other monetary inducements. If the media is really worried about the burgeoning deficit, why then may I ask, it does not lead campaigns against wastage of taxpayers’ money by corrupt ministers on the above mentioned activities? Why does the of its candidates in elections but condemns unequivocally the AAP’s decision to bear the burden of additional subsidy which amounts to only a fraction of the allocated budget?

Provision of vehicle, accommodation and security to ministers:

As promised in its manifesto, the AAP has brought an end to the use of red beacons and weakened the VIP culture prevailing in Delhi. The media has wrongly portrayed the use of official vehicle by AAP ministers. The citizens should know that these vehicles are being used only for official purpose and not for any personal activity. Similarly the pressure built up by media and the Opposition that compelled the Chief Minister to decline the accommodation offered to him was unjust. As compared to the accommodation held by the ministers in other governments, Mr. Arvind Kejriwal was being offered a modest home equipped with basic amenities and an attached office. We want an accountable Chief Minister but we don’t want to facilitate the working of the Chief Minister Office! Perhaps he will lose his identity as an aam aadmi ! Sir/ma’am what about the acres of land that Mr. Robert Vadra and others of his ilk have grabbed in the guise of being an aam aadmi? Aren’t they supposed to be accountable to the public? The Delhi chief Minister has vehemently denied any security cover that has been offered repeatedly to him. Even when there is a threat to his life we seem to be apprehensive of his intentions. One wonders if ministers in other states are ever questioned for their cavalcade of SUVs and security personnel!

Self-vigilante acts of the ministers of the AAP:

Living up to their identity as servants of the citizens, the AAP ministers have been visiting government schools, offices, colleges, slum et cetera both in day and in night. Unfortunately, it seems that the media and the Opposition have colluded to term this as a political gimmick to gain public sympathy. That hundreds of downtrodden people were shifted to porta-cabins and relief camps went largely unnoticed but the death of one poor exposed their preparedness! Had media shown the same passion in stirring the conscience of people and ministers of other states, the riot victims would not have been languishing in rudimentary shelters in shivering cold.

Display of anarchy and confrontation with the Delhi Police:

For the last 15 years, Delhi was being ruled by the Congress Party. Had the then Chief Minister taken up the issue of control over Delhi Police to the ministry of Home Affairs vehemently, the law and order situation in the Capital would have been a lot better. Instead the citizens of Delhi have got accustomed to the corrupt ways in which every government department functions. That the AAP has instilled a fear in the hearts of corrupt sarkaari babus is not important for the media but what an equally corrupt minister from the Opposition has to say about the functioning of government is a watchdog discharging its duties faithfully! Yes, the sit-in and the agitation organised in Delhi was not the appropriate way of protesting but at the same time the calling off of the dharna was not a ‘facesaver’ either. As Mahatma Gandhi himself said in context of the Chamapran Movement, “Where the peasants are so crushed and fear-stricken, law courts are useless. The real relief for them is to be free from fear”. Similarly, if a minister attends to the complaints of aggrieved citizens, we see that his actions are condemned and there are demands for his resignation.

Use of unprofessional language

No doubt the AAP ministers have failed to keep a check on their choice of words on several occasions. They deserve criticism for their bloopers. But what about the cheap alliteration and personal jibes that the ministers of Opposition parties have been taking at the AAP? Aren’t terms like ‘yeda mantri’, ‘item-girl’, ‘clown’ offensive enough to lower their dignity? Don’t they need the same condemnation and outburst of criticism from the media?

The political discourse of India is changing, so are the rules of the game of politics. The AAP is living well to the expectations of people. The media has been reminding people of the 18 point agenda of the Aam Aadmi Party nearly every day. Had the media shown the same enthusiasm in discussing the manifesto of previous dispensations, the walled city would have surely turned into a world city.

Lokpal Bill: Some salient features

Posted by ABC Friday, 20 December 2013 0 comments

1. Lokayuktas: The new bill mandates states to set up Lokayuktas within 365 days. States can determine the type.

Under the old bill, law was applicable to states only if they give consent. Under old bill, the central government had power to appoint state Lokayuktas; the new bill gives this power to the states.

2. Constitution of Lokpal: The Lokpal will consist of a chairperson and a maximum of eight members, of which 50% shall be judicial members. 50% members of Lokpal shall be from among SCs, STs, OBCs, minorities and women.

In the old bill, the chairperson was to be the Chief Justice of India or a present or former judge of the Supreme Court or a non-judicial member with specified qualifications (Chief Justice or a judge of a High Court).

3. Selection of Lokpal: The selection committee will have Prime Minister, Lok Sabha Speaker, leader of the Opposition in the Lok Sabha and the Chief Justice of India. A fifth member of the selection committee for selection of Lokpal under the category of "eminent jurist" may be nominated by the President on the basis of recommendation of the first four members of the selection committee.

Under the old bill, President could select the fifth person.

4. Religious bodies and trust: The new bill includes societies and trusts that collect public money, receive funding from foreign sources and have an income level above a certain threshold. It excludes bodies creating endowments for or performing religious or charitable functions.

The old bill expanded definition of public servant by bringing societies and trusts and organisations which receive foreign donations (over Rs.10 lakh a year) under Lokpal.

5. Prosecution: In the new bill, before taking a decision on filing a chargesheet in a case upon consideration of the investigation report, the Lokpal may authorise its own prosecution wing or the investigating agency concerned to initiate prosecution in special courts.

Under the old bill, such power was only with the prosecution wing of the Lokpal.

6. Central Bureau of Investigation (CBI): For independence of the CBI, in the new bill a directorate of prosecution will be formed. Appointment of the director of prosecution will be on the recommendation of the Central Vigilance Commissioner.

Transfer of officers of CBI investigating cases referred by Lokpal will be only with the approval of Lokpal who will also have superintendence over CBI in relation to Lokpal referred cases.

7. Hearing: The new bill says a government servant will get a hearing before a decision is taken by the Lokpal.

8. Prime minister: The Prime Minister will be under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the prime minister.

9. Investigation: Inquiry has to be completed within 60 days and investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant.

Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal.

10. Penalty: False and frivolous complaints - imprisonment up to one year and a fine of up to Rs.1 lakh. Public servants - imprisonment up to seven years. Criminal misconduct and habitually abetting corruption - jail term up to 10 years.

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