CORRUPTION = IN ARMY = STOP DIVERSION = FOCUS ON = DECISIVE STEPS TO ROOT OUT CORRUPTION

CORRUPTION

IN THE ARMY

WHAT REALLY (!) 

NEEDS TO BE DONE

General V.K.Singh has done well to come out with revelations about the rise of corruption in the Armed Forces.

Putting aside the inconsequential and directionless sparring matches that happen between the Congress, the BJP and other Politicos in the media – the fact of the matter is that neither the Hon’ble Minister for Defence Sri A.K.Antony  nor General V.K.Singh  can be the butt of any investigation  either by the CBI or by any organization on the sum of Rs.14 Crores that was very casually mentioned in a casual conversation between the General and a retired Army official. 

The instant case of Rs.14 Crores is not the  important aspect that needs investigation. For one reason that – no one has really offered this Rs.14 Crores nor has any one accepted nor is there any credible, legally acceptable evidence of bribery in this instant case. 

Whom are we going to prosecute for a casual conversation in which a casual remark was made? It looks extraordinarily naïve – from my personal view point to castigate either General V.K.Singh or the Defence Minister – for not acting more seriously on this casual Remark at the time it was made. Even Now, simply for the reason that the General has revealed it in press, a CBI or such other investigation is not called for on this Rs.14 Crores against either the General or the Defence Minister.  

In other words, This huge uproar on this one case of Rs.14 crores which was neither offered nor accepted nor is there any credible, legally acceptable evidence of an actual bribe – is therefore meaningless. But, if there is an investigation exclusively on this Rs.14 crores, which doesn’t exist, the CBI investigation has to look at the laxity of both the Minister and the General – and neither can be excluded from the purview of the investigation – for not taking preventive steps  - which is also a crime. 

Will Government accord sanction for investigating the General and the Minister – and then for their prosecution?

The direction of this effort, the chasing of these shadows, looks ridiculous to me.

Leave the General and the Minister. They are both Honest Men. The General’s whistle blowing focuses attention on  the corruption on Defence Purchases. And, it is Good – coming from the senior most officer of the Army.

What matters to be seriously considered and accepted therefore is – that there is huge corruption in Defence purchases and that needs to be totally eliminated. 

Dr. Manmohan Singh, the prime minister, needs to decisively tell his colleagues – that “India needs a strong Lok Pal Bill. We can’t waste a single day on this. Let there be a strong LokPal Bill, which is acceptable to the Majority in Parliament.”- and he must ensure that Parliament passes a Strong Lok Pal Bill. The whole country will remember him for this one noble act – for all time to come.  Like - we remember Dr.Seshan for his bold measures in cleaning the election processes.

Aiming for consensus on this issue is meaningless.

It is in this context that - whatever Team Anna members are saying, makes sense. Some members of Parliament may not want a strong Lok Pal Bill – for purely personal reasons – that they may become the immediate target of the strong Lok Pal. So, they will oppose a strong Lok Pal Bill. So, there can never be CONSENSUS on this. Saying this – by Arvind kejriwal or other Team Anna Members should not be construed as an affront to Parliament itself.

The point they are asking is – Is there huge corruption or not? If yes, why are you not passing a strong Lok Pal Bill? Why is there a very weak Lok Pal Bill before Parliament?

With the stink of Corruption emanating from all corners of Government, can we still hold on to an elusive consensus – which implies support for the Anti-Corruption bills from the corrupt people also – and can we go on postponing the passing of a strong Lok Pal Bill on that pretext?

Today, it is the General who blew the whistle. He is an honest man and he has brought the attention of the whole Nation to this urgent task of cleansing the Defence Purchases from the stink of corruption. Did he put out a paper yesterday on this? Why did he not act as per law this way or that way – are meaningless questions – in my view. 

Had he done that – somebody would have tried to find some small omission or commission on the part of the General in his service career and put him in a dock for a flimsy reason – which is what happens in India. That is what is happening to team Anna. That was what happened to Baba Ram Dev. Many RTI activists and whistle blowers are actually getting killed – by the corrupt and the mafia – and still we are not serious about the corruption. And, we want to proceed against whistle blowers. 

In this case, it is the General. Why doesn’t the Government proceed against CBI itself which came out with startling figures of Black money? After all, somewhere, CBI also may have failed – which is why ( we can say) so much Black money has reached foreign banks. Can we say, why didn't you give the info, when the amount was one fourth of this? why did you not stop the black money from going out?

But, is this a sensible direction to take, when the CBI has given valuable information, even if a little belatedly,  to the Government  - to act? It is for the Government to act on this - not to castigate CBI for coming out with these figures.

We must proceed against corruption and Black money and not against people who point at it or against people, who agitate against it. If CBI has said something against Black Money, it is for Government and Parliament now – to act – to bring back that Black money and arrest their further channels. If the General has said some thing - it is for the Government to act on the larger issue he is focusing on.

I think, the country must wake up to the useless diversions that we are taking and we must demand a commission consisting of higher judiciary, the CVC and some retired Generals to investigate the whole gamut of corruption in the Army and put in place strong measures to root out corruption in the Army. 

At this point of time, witch hunting will only demoralize the whole Army – by taking directions which we do not intend today.

In other words, stop the diversion of CBI enquiry and appoint a high level commission to  root out corruption in Army.

This is what is needed.

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SUGGESTIONS TO STANDING COMMITTEE ON LOK PAL BILL = COMMITTEE ASSURES CONSIDERATION OF VIEWS EXPRESSED EARLIER HERE

INDIA’S

FIGHT AGAINST CORRUPTION

SUGGESTIONS TO PARLIAMENT

STANDING COMMITTEE

ON LOK PAL BILL

Readers of this Blog will be aware that this Blog had sent several, detailed suggestions to the standing Committee headed by Dr.Abhishek manu Singhvi – on the Lok Pal Bill,2011 – which can be read in the articles at the following 2 URLs :

(1)http://wiseinvestmentideas.blogspot.com/2011/08/indias-fight-against-corruption.html

(2)http://wiseinvestmentideas.blogspot.com/2011/08/lok-pal-bill-suggestions-mailed-to.html

The Rajya Sabha secreatariat has acknowledged the receipt of the same (vide their letter no.RS.6/2/2011-P&L dated 13.9.2011)  and has assured that “ your views will be taken into consideration by the committee headed by Dr. Abhishek Manu Singhvi.”

This Blog thanks the Rajya Sabha secretariat – and will await the deliberations in the committee and finalization of the Bill.

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LOK PAL BILL - SUGGESTIONS MAILED TO RAJYA SABHA SECTT - DATED 22.08.2011 (POST.2) = JURISDICTION,ACCOUNTABILITY OF LOK PAL ETC

INDIA’S

FIGHT AGAINST CORRUPTION

SUGGESTIONS TO PARLIAMENT

STANDING COMMITTEE

ON LOK PAL BILL

POST.2

(Continued from Post.1)

INCLUSION OF ALL GROUPS OF STAFF UNDER LOK PAL

Government Bill says – Only Group A shall come under Lok Pal. Not others.

Jan Lok Pal Bill says – all should come under Lok Pal.

SOLUTION : All Groups (A, B, C and D) must technically come under Lok Pal. But, Lok Pal must directly investigate only Groups A and B – which are both key functionaries under Government.

Grs. C & D must be handled by the respective departmental Anti-Corruption / Vigilance wings as at present.

But, today, their performance is not much satisfactory – because, their staff are drawn from the same department ( and even same office ) and go back after some years to the same department and same office. So, they are subject to all pulls and pressures. Their investigation is not unbiased. Huge bias enters into their methods of selection of cases for investigation, methods of investigation and in recommending punishments. The Punishments are not at all uniform for the same type of offences.

There is a huge need to standardize punishments for same offence – to reduce bias.

Hence, the personnel for the departmental Anti-corruption / vigilance wings must be selected by Lok Pal on inter-departmental basis – and not on intra-departmental basis - and they must function under Lok Pal only. 

They will have full authority to investigate every case of complaint and recommend punishments for corruption. They will report details to Lok Pal monthly. Lok Pal will have full authority to re-investigate any serious case, if it wants to. Non-corruption cases can be handled by the departments themselves.

The same thing holds good for Lok Ayukth at state level.

ACCOUNTABILITY OF LOK PAL / LOK AYUKTH

In this case – I am not in agreement with both drafts.

Jan Lok Pal Bill wants Lok Pal’s accountability to Public. Accountability to 120 crores of public, in any form, is meaningless and ineffective.

Government Draft wants accountability to Government – on which Lok Pal exercises its Jurisdiction for its corruption – and hence, this too is meaningless and ineffective.

SOLUTION : Both Lok Pal and Lok Ayukth must be accountable only to the Supreme Court of India – which must have the final say / approval in their appointments as well – though committees may be formed as stated in JAN Lok Pal Bill draft.

To re-emphasize, the principle of accountability to Public  or to Government are both equally meaningless. Supreme Court is the only authority to whom these constitutional functionaries must be accountable. Supreme Court may in its wisdom, nominate  the Judicial Lok Pal to look at the Lok Pal / Lok Ayukth’s  monthly or quarterly reports and submit its report to a 3 member Bench of the Supreme court. Supreme Court may issue whatever advices it wants to – to Lok Pal and Lok Ayukth, for handling of cases.

However, Lok Pal may submit advisory reports and statistical reports to Parliament – for its views and consideration. Parliament may also send its review report to Lok Pal for   its consideration.

METHOD OF ENQUIRY & PUNISHMENTS

In this respect also , I strongly differ from Both Drafts.

I was in Government / PSUs for about 42 years – and I have seen why many people fall prey to the temptation of bribery. Most of these people are reformable. Some people are corrupt under compulsion. Corruption is usually a coterie Business. Therefore, I do not recommend a punishments like sending to jail for a term – for most cases of first offence.

Our legal systems must not always remain PUNITIVE in nature but must become REFORMATIVE in Nature.

Present Methods of enquiry have developed on the experience of several decades and are adequate. The only thing required is -  every enquiry must conclude within a maximum of 6 months. If we dump all cases before Lok Pal – each case will take decades – like in our legal system now. Justice will be delayed and denied in the process – both to the complainant and to the accused. 

Therefore, only Gr.A and B are good enough for Lok Pal – but Lok Pal can over see the Departmental vigilance wings on cases of Gr.C and D.

Is Jail sentence to be totally ruled out ? No. Let it come in, from the second offence. Not from the first offence. First offence, unless too serious need not go to courts of Law. Punishment should be imposed by Lok Pal / Lok Ayukth, through controlling departmental officers, who shall have no option in the matter.

In respect of Gr. A officers – today, the UPSC plays a large part in reducing the punishments recommended by CVC for them. This is bad. Once Lok Pal comes in – the provision for UPSC consultation and discretion must be done away with in respect of corruption cases. Or else, the whole process done by Lok Pal ends in a farce. The officer escapes with his offence, because of the tortuous process of UPSC consultation. This is so in respect of many CVC recommendations in case of UPSC recruits (Gr.A officers).

This is for Government officers – not ministers. For Ministers – Let Lok Pal decide punishment based on Gravity of offence and recommend to the courts of Law.

PROTECTION TO COMPLAINANTS & WHSITLE BLOWERS

There should be adequate protection to complainants and whistle Blowers. They should not be subjected to punishments themselves. Lok Pal must take up cases where there is prima facie some evidence or strong circumstances to believe the complaint. 

Since Corruption is widely prevalent – “boss, subordinate, their bosses and their subordinates” are all likely to be in a ring of corruption, each protecting the other. Therefore, it is not easy for a complainant to prove a particular case. The Lok Pal has to devise several methods to trap the culprits – but that can happen only in future cases – the particular case of complainant relating to past may not be possible to prove.

But, at the same time, false complainants like contractors want to trap even an honest officer in a false case. This must be kept in mind. So, if a complainant is to be punished, the intention o complainant must be ascertained very clearly. Here also – first offence must be disposed off with fine. Second offence onwards only – Jail sentence etc must come into picture – that too very rarely.

It depends on the wisdom of Lok Pal / Lok Ayukth. If he punishes complainants and whistle blowers, his sources of corruption cases will dry up – as has happened in case of the Police Departments, who harass the informers of crimes often. So nobody comes up with information now.

Also, complainants and whistle blowers are subject to harassment by the corrupt officers / Ministers. Many RTI activists were killed or harassed  in many states by contractors, Government setup and so on. Wherever needed, Lok Pal / Lok Ayuktha must in fact provide them Protection. He should have necessary powers for the same.

SOLUTION : There shall be no punishments for complainants / whistle Blowers in case, the complaints cannot be proved. But if the complaint is totally proved to be a false complaint motivated to implicate an honest officer, then, Lok pal must have powers to impose fines in case of first offence and Jail term for subsequent offences, which must not exceed 6 months in any case.

SPECIAL BENCHES IN HIGH COURTS FOR APPEALS

Special Benches are essential to fast track the cases and complete them within 6 months maximum. Otherwise, justice will be delayed by decades as in other cases at present.

BUDGET

Lok Pal will decide the Budget and it will be a charge on consolidated Fund of India. The processes will be same as on case of Supreme court and other constitutional functionaries whose expenses are a charge on consolidated fund of India. Similarly, Budgets of Lok Ayukth will be a charge on the consolidated fund of the states.

PREVENTION OF CORRUPTION ON PRO-ACTIVE BASIS

Lok Pal shall be entitled to take adequate steps or prescribe procedures to prevent Corruption on Pro-active basis. CVC has been prescribing several steps in the past also for preventing Corruption.Lok Pal shall have authority to supplement existing rules and procedure to strengthen them to prevent corruption.

RIGHT TO TAP PHONES

Both Government and Lok Pal shall have power to TAP Phones for pro-active  prevention of corruption. But, all cases of Tapping of phones shall be with adequate reasons recorded in writing and decision shall be taken at a high level.

DELEGATION OF DUTIES BY LOK PAL

Lok Pal shall have powers to delegate duties to officers working under him. Powers of Interrogation shall be delegatable only up to a certain Higher level – commensurate with the seriousness of the complaints and rank of the authority complained against.

EXTENDED JURISDICTION

Lok Pal’s jurisdiction shall extend to all PSUs, as they are already covered under CVC Act . And, CVC shall come under Lok Pal.

NGOs funded by State Governments – may come under Lok Ayukth of the state in which they are situated.

NGOs funded by central Government may come directly under Lok Pal.

IN SUMMARY

The Lok Pal / Lok Ayukth must have adequate Powers to investigate and launch prosecution and recommend punishments as aforesaid. Government shall have no functional control on Lok Pal. The principle of Judicial Independence shall apply equally to Lok Pal/ Lok Ayukth. They shall be bound to complete each case within 6 months in over 95% of the cases. Other complicated cases may extend by another 6 months.

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INDIA’S FIGHT AGAINST CORRUPTION = SUGGESTIONS TO PARLIAMENT STANDING COMMITTEE ON LOK PAL BILL = POST.1 = SHOULD PM,JUDICIARY COME UNDER LOK PAL

INDIA’S

FIGHT AGAINST CORRUPTION

SUGGESTIONS TO PARLIAMENT

STANDING COMMITTEE

ON LOK PAL BILL
POST.1

As of now, there are 2 major Draft Bills that emerged in the Panel formed by the Government with 5 members from Team Anna and five from the Government. Apart from these two drafts – there can be any number of proposals from interested Individuals / organizations (like the present writer) – whose contribution and thinking can be valuable in finalizing a Draft Lok Pal Bill which is suitable for India. 

There are a few major, contentious Issues in respect of all the Draft Bills – like - (1) The inclusion of the PM under Lok Pal Jurisdiction (2) bringing the Higher Judiciary under Lok Pal. (3) Lok Ayuktha Provision in the Lok Pal Bill (4) Bringing All present Anti-corruption wings under Lok Pal / Lok Ayuktha and so on.

I will present here my alternatives for these contentious issues. I was in the service of the Government / PSUs for over 41 years – and have come across all these problems during this period. I was also heading the HR & Management training wing of a National Academy of a PSU (as DGM) and have dealt with the issues at length as part of my duty. Also – I had made a number of suggestions to Sri N.Vittal, the then CVC when he called for suggestions for toning up the corruption tackling mechanism. Subsequently, when the current CVC called for similar suggestions to tackle corruption – I had submitted many suggestions to him also. Thus, based on my perception and experience, I am now making these suggestions to the Parliamentary standing committee as well.

In doing this, I have examined the Government Draft and the Team Anna Draft both – so that the contentious issues are well addressed.

INCLUSION OF PRIME MINISTER UNDER LOK PAL

Government Draft says – investigate PM only after his tenure is over. This is meaningless. This means, allow him to commit the biggest corrupt practice in the history of any Nation but yet, keep quiet till he demits office after 5 Years. Obviously – the Nation will be terribly at loss in such a situation. The Nation cannot afford such a potentially corrupt PM and needs relief from him, quickly.

On the other hand – Jan Lok Pal Bill Draft says – Investigate the PM – for every single complaint by any Tom, Dick or Harry. 

In a country like India, there will be thousands of complaints pouring into Lok Pal’s office daily – alleging the PM’s role in every single thing happening in their Towns. India cannot function if PM is subjected to Lok Pal’s Jurisdiction in such a cavalier manner. 

A Prime Minister is the Head of Government and is the most important functionary in India. The whole country’s progress depends on the success or failure of this one man. In my view, while Lok Pal functions are very important – they are much less in importance – compared to the functions of the Prime Minister.

Only a highly functional leader will be prone to commit mistakes also – though not indulging in corruption. He must be allowed to move ahead – and permitted some mistakes as well – else, no country can progress.

If he is waiting at Lok Pal office frequently to answer for all sorts of complaints – there will be no Governance of the country what so ever. The dignity of India in the comity of Nations will suffer very badly. Equality Before Law as a concept is good and necessary – but, it must be implemented in such a manner that the country’s interests do not suffer adversely. 

Unequal persons must not be treated equally. A clerk or officer accepting a Bribe for issuing a form or granting a loan – must never be equated with a Prime Minister who approves huge schemes like NREGA, budgets running into lakhs of crores, sensitive schemes of defense and so on. I also do not personally agree with some decisions of PM – but that is no reason for making the PM visiting Lok Pal office to answer my questions. In fact, discretions at the level of a PM (in consultation with a standing committee of all parties) must be much more sweeping than at present. The President of USA enjoys such powers. That should not be construed as corruption.

Solution : If there is a significant corrupt act by the PM, 50 (or 75 / 100) MPs(number to be decided by Parliament) may sign a complaint (Individually or in Group) and submit to Lok Pal, with reasonable – even circumstantial – evidence and this shall form the basis for Lok Pal’s investigation on this complaint. Not otherwise. Lok Pal investigating all Public complaints against the PM is definitely incorrect and risky for the Nation.

This third alternative is a more viable, more sensible and more practical alternative to both the drafts. I suggest Parliament to consider this third alternative. 

I suggest a similar method for members of the council of Ministers also – with a reduced number like 25 MPs signing a petition to Lok Pal and submitting it with circumstantial / actual evidence. We are only looking at CORRUPT ACTS – and even Potentially corrupt Acts – and not mere procedural lapses which are taken care of by CAG.

INCLUSION OF JUDICIARY UNDER LOK PAL

The second contentious issue is – Judiciary. 

Government Draft says a TOTAL NO to inclusion of Judiciary under Lok Pal and seeks to include them under a Judicial Accountability Bill. When the Government will introduce JAB and what will its effective Provisions be – are matters unknown at present. 

Government may take any amount of time for introducing the JAB and when it actually does – it may or may not make it effective at all. This is the criticism against Government on Lok Pal Bill as well. 

 JAN Lok Pal Bill wants all Judiciary to be included under Lok Pal Bill itself.

As in the case of Prime Minister – both these drafts stand at North Pole-South pole distance - in this case also.

In my view - it is absolutely incorrect and dangerous to place judiciary under the same Lok Pal, under whom all other executives are placed.

This Lok Pal himself - is more akin to an Executive. We may say – Lok Pal will only investigate – but prosecution will again be done by Judiciary. I want to know, how many times, say a chief Justice or Justice of Supreme Court, has to sit before the Lok Pal’s office for investigation – before the investigation is completed and sent to the relevant court for prosecution, or, totally dropped by the Lok Pal? It does not sound sensible at all. 

Also – Judicial Independence must not be compromised for any reason – and it is one of the most basic tenets of Indian constitution and the Biggest safeguard for India. 2G , CWG and other scams would not have been dealt with so effectively – but for an independent, vigilant higher Judiciary. At this point of time – I do not expect any Lok Pal, to match the performance of our Higher Judiciary in such fearless, yet, unbiased tackling of Issues.

SOLUTION : The third alternative is therefore clear. Make a Judicial Lok Pal Bill right now – exactly on the same lines as the Lok Pal Bill and introduce it simultaneously with the Lok Pal Bill. The Judicial Lok Pal will oversee all Judiciary – and comes from within the Judiciary.

What is needed is – the Judicial Lok Pal also must become a reality urgently – NOW – and should not wait for another 42 years.

INCLUSION OF LOK AYUKTH IN LOK PAL BILL

This is another most important issue.

Lok Ayukth for all states must  become a reality under the same Act as Lok Pal. There is huge corruption in State Governments in most departments at all levels.

How many states today have a Lok  Ayukth and why so many states do not have a Lok Ayukth at all ? Because, those state Governments do not want such a body. But the People of the country want Lok Ayukth in each state – effectively stopping all Bribery.

Many state Governments are highly Autocratic – and highly corrupt as well. They tend to use their Police Powers in very arbitrary manner – against complainants. Look at how many Land Grabbing complaints remained unattended in Tamilnadu for years – where there is no Lok Ayukth at all. And most complaints are against the then ruling party members. It can happen in any states ruled by any party in Power. I am not leveling any charge against a single Party. Corruption and violence and misuse of Police powers against complainants is widely prevalent in all State Governments and all Parties tend to indulge in it.

We all know that. We can’t be hiding under the pretext of Federal structure for creating Lok Ayukth. 

Let not a state Chief Minister be free to nominate his own Lok  Ayukth under an Act made to his taste. Many CMs may not nominate any Lok Ayukth and many states may not make any Lok Ayukth Laws at all. Is this acceptable?

If a state does not want to make the law and rules for Lok Ayukth, we are at square one on corruption again. In my view, it is more urgent in many states than even in the central Government.

SOLUTION : Please do include Lok Ayukth for states in the same Bill as Lok Pal – and in exactly the same way. Let Lok Ayukth be uniform for all states. The appointment of Lok Ayukth must also be uniform – and beyond the purview of the state CMs.

CVC & CBI UNDER LOK PAL

This is yet another contentious issue.

Jan Lok Bill wants the Anti corruption wings of CBI and CVC to be brought under Lok Pal.

Government Bill wants Lok Pal to develop parallel machinery.

SOLUTION : If there is an instance of corruption – who should investigate that case? Will Government and Lok Pal do simultaneous investigation on the same case? How is that feasible? Government can always say – we are investigating – you please wait! This concurrent jurisdiction on corruption charges is unacceptable.

Let Lok Pal be the only organization to look into all corruption charges. Therefore, let the CVC and Anti-corruption wing of CBI come under Lok Pal. If Government wants a particular corruption charge coming to its notice be investigated – it must transfer it to Lok Pal – with a classification like urgent, Immediate and so on. Lok Pal must take this Government’s need into account and act on them with the same urgency.

Like Judicial Independence – let there be independence for Lok Pal in this matter.  other suggestions continue in POST.2 NEXT at URL :  

 http://wiseinvestmentideas.blogspot.com/2011/08/lok-pal-bill-suggestions-mailed-to.html

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