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Reality Check India
Jan Lok Pal – Caveat Emptor
Posted in Uncategorized by realitycheck on April 6, 2011
Anna Hazare has announced that he intends to fast unto death until the Jan Lokpal bill is adopted. He has disallowed all politicians from approaching him. According to him and his supporters, this is a “non violent non political” movement. Prominent supporters of this ‘non political’ movement are Kiran Bedi (Magasaysay – we will come to that shortly), Arvind Kejriwal (also Magasaysay), Medha Patkar, Aamir Khan, Madhur Bhandarkar, Shekar Kapur, among others. Sure enough tonight various media outlets NDTV, CNN-IBN and others hopped on to this bandwagon. Civil Society it appears is feeling good about this bill.
It pains me to see thousands of young and impressionable Indians being sold snake oil.
It is important to separate the two issues here :
The Draft Jan Lokpal Bill itself.
The voluntary assembly of Indians unaffiliated to any political outfit all outraged by high corruption.
The second point first. Such voluntary and spontaneous assembly of Indians is something to be proud of. This is a great event for sure. I have highest respect for Anna Hazare which makes this post a bit difficult to write.
The real purpose of this blog post.
Top 5 reasons why I think the Draft Jan Lokpal Bill is the most hare brained piece of document ever produced.
A Microsoft Word document of the draft bill can be found here. You can also search “Jan Lokpal Bill” on Google and use the Google Document Viewer.
5. Comparison with Hong Kong ombudsman bill is incorrect
Many supporters of the Draft Jan Lok Pal Bill are quick to drop Hong Kong as a reference. This is invalid because the Hong Kong Ombudsman has 1) no powers of prosecution 2) only produces a report and submits to the Chief Executive (like our PM) 3) is appointed by politicians. The first thing I did after being confronted with the Hong Kong Ombudsman parallel was to read the whole Hong Kong Ombudsman act. I suspected a bluff. I simply could not believe that other countries could allow civil society nominees to actually initiate prosecution against citizens. I was right.
4. Reckless in its promise and scope
An example is Section 10.2
(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:
a. Close the case if prima facie, the complaint is not made out or
b. Initiate prosecution against public servants as well as those private entities which are party to the act
c. Order imposition of appropriate penalties under CCS Conduct Rules Provided that if an officer is finally convicted under Prevention of Corruption Act, major penalty of dismissal shall be imposed on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
In other words, from dismissing a case outright to cancellation to blacklisting a firm – the Lokpal has unbridled powers. We can only appeal to the merciful benevolence of its members.
3. Police and court all rolled into one
It does not matter that Lokpal members are not trained to be policemen, but I invite you to read Sec 12.
We are police.
12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code,
the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers.
(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to
investigate any offence under any other law in the same case.
We are also court.
See Section 10.2
(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall
have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 , in respect
of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
..
(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the
meaning of section 193 of the Indian Penal Code.
2. The all important selection policy
Jan Lokpal Bill is open ended and confers unlimited powers. So it goes without saying that selecting the Lok Pal Members is the single most important task. There are no checks and balances at all in the bill that would make it idiot member proof. In other words, if the mainstream institutions have been compromised, there is NOTHING in the bill that would prevent the Lokpal from being compromised too. It gets worse because of two reasons.
The mainstream institutions (CVC, CBI, CAG, etc) can be turned around by people power every 5 years. That it doesnt seem to happen is due to there not being enough free agent voters in the system. We can hope for a 20-25% increase in free agent voters which will straighten these institutions in short time.
A compromised Lokpal will wreak havoc and lay to waste the other institutions. There is no chance of getting them voted out.
Let me try to make it clearer.
If Indian citizens wanted to get a compromised Lok Pal off their backs – this is what they have to do. Study hard, do great research, win a Nobel Prize or work hard on social issues and win a Magasaysay Prize. Then and only then do you get to have a say in who the Lokpal members are. Experience has taught us that such a system is bound to fail. Very quickly such an immune and isolated group congeal around a particular social or ideological position.
Adhoc selection criteria without rhyme or reason very prone to dilution hence ruining spirit of the bill
Here is who gets to select the Lokpal members.
5. A selection committee consisting of the following shall be set up:
a. The Chairpersons of both Houses of Parliament
b. Two senior most judges of Supreme Court
c. Two senior most Chief Justices of High Courts.
d. All Nobel Laureates of Indian Origin
e. Chairperson of National Human Rights Commission
f.Last two Magsaysay Award winners of Indian origin
g. Comptroller and Auditor General of India
h. Chief Election Commissioner
i.Bharat Ratna Award winners
j. After the first set of selection process, the outgoing members and Chairperson of
Lokpal.
The adhoc ness of this list will immediately lead to its dilution. Why on earth should Nobel Prize Winners of Indian origin , who are citizens of other countries get to decide the Lokpal members ? What is great about the “last two” Magasaysay award winners (Kejriwal) ? Why not last ten ? Why not Padmasri Winners ?
These awards cannot possibly confer powers to put other people in jail.
1. Unelected people cant dont put people in jail
I simply do not want unelected people to have the power to put other Indian citizens in jail.
What I want
Lokpal should be stripped of its prosecution powers, Lokpal members cannot have a police rank, Lokpal cannot blacklist or seize private property, cannot conduct judicial hearings.
Lokpal should promote the democratic way of addressing corruption.
Highlighting exemplary work done by people like Subramanian Swamy. Who would incidentally be ineligible for Lokpal, Chandan Mitra (also ineligible), various government servants and professionals (all ineligible because you have to quit everything).
Promoting the wisdom that politicizing corruption is the democratic way. If you are corrupt we gonna vote your ass out. No bullshit about “larger issue of systemic ingrained structural defects”.
Be a true ombudsman like your Hong Kong counterpart. Time for me to turn it around. By all means accept complaints, investigate, gather evidence, and produce a report to the public and to the state. We bloggers will pick it up.
People wake up !! This one is a lemon.
Jan Lok Pal – Caveat Emptor
Posted in Uncategorized by realitycheck on April 6, 2011
Anna Hazare has announced that he intends to fast unto death until the Jan Lokpal bill is adopted. He has disallowed all politicians from approaching him. According to him and his supporters, this is a “non violent non political” movement. Prominent supporters of this ‘non political’ movement are Kiran Bedi (Magasaysay – we will come to that shortly), Arvind Kejriwal (also Magasaysay), Medha Patkar, Aamir Khan, Madhur Bhandarkar, Shekar Kapur, among others. Sure enough tonight various media outlets NDTV, CNN-IBN and others hopped on to this bandwagon. Civil Society it appears is feeling good about this bill.
It pains me to see thousands of young and impressionable Indians being sold snake oil.
It is important to separate the two issues here :
The Draft Jan Lokpal Bill itself.
The voluntary assembly of Indians unaffiliated to any political outfit all outraged by high corruption.
The second point first. Such voluntary and spontaneous assembly of Indians is something to be proud of. This is a great event for sure. I have highest respect for Anna Hazare which makes this post a bit difficult to write.
The real purpose of this blog post.
Top 5 reasons why I think the Draft Jan Lokpal Bill is the most hare brained piece of document ever produced.
A Microsoft Word document of the draft bill can be found here. You can also search “Jan Lokpal Bill” on Google and use the Google Document Viewer.
5. Comparison with Hong Kong ombudsman bill is incorrect
Many supporters of the Draft Jan Lok Pal Bill are quick to drop Hong Kong as a reference. This is invalid because the Hong Kong Ombudsman has 1) no powers of prosecution 2) only produces a report and submits to the Chief Executive (like our PM) 3) is appointed by politicians. The first thing I did after being confronted with the Hong Kong Ombudsman parallel was to read the whole Hong Kong Ombudsman act. I suspected a bluff. I simply could not believe that other countries could allow civil society nominees to actually initiate prosecution against citizens. I was right.
4. Reckless in its promise and scope
An example is Section 10.2
(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:
a. Close the case if prima facie, the complaint is not made out or
b. Initiate prosecution against public servants as well as those private entities which are party to the act
c. Order imposition of appropriate penalties under CCS Conduct Rules Provided that if an officer is finally convicted under Prevention of Corruption Act, major penalty of dismissal shall be imposed on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
In other words, from dismissing a case outright to cancellation to blacklisting a firm – the Lokpal has unbridled powers. We can only appeal to the merciful benevolence of its members.
3. Police and court all rolled into one
It does not matter that Lokpal members are not trained to be policemen, but I invite you to read Sec 12.
We are police.
12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code,
the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers.
(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to
investigate any offence under any other law in the same case.
We are also court.
See Section 10.2
(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall
have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 , in respect
of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
..
(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the
meaning of section 193 of the Indian Penal Code.
2. The all important selection policy
Jan Lokpal Bill is open ended and confers unlimited powers. So it goes without saying that selecting the Lok Pal Members is the single most important task. There are no checks and balances at all in the bill that would make it idiot member proof. In other words, if the mainstream institutions have been compromised, there is NOTHING in the bill that would prevent the Lokpal from being compromised too. It gets worse because of two reasons.
The mainstream institutions (CVC, CBI, CAG, etc) can be turned around by people power every 5 years. That it doesnt seem to happen is due to there not being enough free agent voters in the system. We can hope for a 20-25% increase in free agent voters which will straighten these institutions in short time.
A compromised Lokpal will wreak havoc and lay to waste the other institutions. There is no chance of getting them voted out.
Let me try to make it clearer.
If Indian citizens wanted to get a compromised Lok Pal off their backs – this is what they have to do. Study hard, do great research, win a Nobel Prize or work hard on social issues and win a Magasaysay Prize. Then and only then do you get to have a say in who the Lokpal members are. Experience has taught us that such a system is bound to fail. Very quickly such an immune and isolated group congeal around a particular social or ideological position.
Adhoc selection criteria without rhyme or reason very prone to dilution hence ruining spirit of the bill
Here is who gets to select the Lokpal members.
5. A selection committee consisting of the following shall be set up:
a. The Chairpersons of both Houses of Parliament
b. Two senior most judges of Supreme Court
c. Two senior most Chief Justices of High Courts.
d. All Nobel Laureates of Indian Origin
e. Chairperson of National Human Rights Commission
f.Last two Magsaysay Award winners of Indian origin
g. Comptroller and Auditor General of India
h. Chief Election Commissioner
i.Bharat Ratna Award winners
j. After the first set of selection process, the outgoing members and Chairperson of
Lokpal.
The adhoc ness of this list will immediately lead to its dilution. Why on earth should Nobel Prize Winners of Indian origin , who are citizens of other countries get to decide the Lokpal members ? What is great about the “last two” Magasaysay award winners (Kejriwal) ? Why not last ten ? Why not Padmasri Winners ?
These awards cannot possibly confer powers to put other people in jail.
1. Unelected people cant dont put people in jail
I simply do not want unelected people to have the power to put other Indian citizens in jail.
What I want
Lokpal should be stripped of its prosecution powers, Lokpal members cannot have a police rank, Lokpal cannot blacklist or seize private property, cannot conduct judicial hearings.
Lokpal should promote the democratic way of addressing corruption.
Highlighting exemplary work done by people like Subramanian Swamy. Who would incidentally be ineligible for Lokpal, Chandan Mitra (also ineligible), various government servants and professionals (all ineligible because you have to quit everything).
Promoting the wisdom that politicizing corruption is the democratic way. If you are corrupt we gonna vote your ass out. No bullshit about “larger issue of systemic ingrained structural defects”.
Be a true ombudsman like your Hong Kong counterpart. Time for me to turn it around. By all means accept complaints, investigate, gather evidence, and produce a report to the public and to the state. We bloggers will pick it up.
People wake up !! This one is a lemon.
Some lemonade to break your fast
Dear friends
Now that Anna Hazare has revealed that he is truly batting for Sonia Gandhi and the unelected NAC to be the Uber Government of India, I have just three challenges to him and his team to show that they are serious about the issue of corruption that they are championing (or so they claim):-
1] Now that he is in Delhi and fasting before the nation, indeed the world - will he kindly demand on enquiry into the rising financial profile and corporate deals of Mr Robert Vadra, who is in the news for this mysterious ascent?
2] Will he similarly make a test case for the rise and rise of financial acumen of Mrs Supriya Sule and her marital family?
3] Will Anna himself submit an audit about his public achievements? Here I would like to tell those who don't know that Anna Hazare owes his fame to the work he did in rainwater harvesting in his village, Ralegaon Sidhi, Ahmednagar district, Maharashtra. He was then massively built up by the nascent NGO industry which has since successfully latched on to Govt Funds for everything, though under development remains the name of the game...
The state govt then gave massive funds to take the campaign ahead - and some villages did benefit by sincerely doing their own work in this regard. But what about Anna and his direct work - how many villages did he take up and what is the success rate? Has water shortage ended in rural Maharashtra? Why are there farmer suicides? These questions must be answered professionally and moral indignation does not work here, specifics do.
Warm regards
Sandhya Jain
------------------------------
I really do not understand rationale underlying Anna Hazare's fast unto death. Here are some questions:
a) On what grounds should "civil society" leaders be involved in a panel of folks who would draft the Lokpal Bill. Many of these "grass-roots workers" are two-bit players, and get dubious funding thru NGO channels of all hues and colors. A classic case is MNREGA scheme, conceived by Jean Dreze, and thru this scheme, tens of thousands of crores of rupees is being dumped into coffers of corrupt folks. And the NAC is trying to further the depth and penetration of this scheme, even though there is hard data that corruption is rampant in the implementation of this scheme. Any guesses, as to why this push for MNREGA.
b) While it is OK to argue for the Lokpal bill (or argue against it), is there any shred of evidence that implementation of such a bill even in the most ideal situation will stem corruption. At the state level, we have the institution of Lokayukta. Maharashtra was perhaps the 1st state to implement this provision (1972!!). The Lokayukta is appointed by Governor after receiving inputs from High Court CJ, and Opposition leader. He has the right to inquire into the conduct of all ministers (sans CM). Typically, we have retired justices of High Courts sitting in this position. However, there is little data to suggest that corruption index in Mah. is less than in other states. Similarly, the Delhi state appointed a Lokayukta in 1995. However, the CWG scam involved mega mis-appropriation of money, and the "tainted' people in this aspect hail from Mah. and Delhi.
c) Somehow I have a feeling that the "fast unto death" act of Anna is just being used to deflect focus from ongoing exposure of scams (which emerge on a daily basis). Imagine a scenario, where the govt., post some cajoling and "pressures" yields to the demand of the "fasters", and constitutes a panel of "experts" who end up drafting a half-ass Lokpal Bill. And in the scheme of things, the focus on current mega scandals, which are perhaps of the same order of magnitude as India's economy, gets lost. Who is the winner in this game?
Nachiketa Tiwari
a) On what grounds should "civil society" leaders be involved in a panel of folks who would draft the Lokpal Bill. Many of these "grass-roots workers" are two-bit players, and get dubious funding thru NGO channels of all hues and colors. A classic case is MNREGA scheme, conceived by Jean Dreze, and thru this scheme, tens of thousands of crores of rupees is being dumped into coffers of corrupt folks. And the NAC is trying to further the depth and penetration of this scheme, even though there is hard data that corruption is rampant in the implementation of this scheme. Any guesses, as to why this push for MNREGA.
b) While it is OK to argue for the Lokpal bill (or argue against it), is there any shred of evidence that implementation of such a bill even in the most ideal situation will stem corruption. At the state level, we have the institution of Lokayukta. Maharashtra was perhaps the 1st state to implement this provision (1972!!). The Lokayukta is appointed by Governor after receiving inputs from High Court CJ, and Opposition leader. He has the right to inquire into the conduct of all ministers (sans CM). Typically, we have retired justices of High Courts sitting in this position. However, there is little data to suggest that corruption index in Mah. is less than in other states. Similarly, the Delhi state appointed a Lokayukta in 1995. However, the CWG scam involved mega mis-appropriation of money, and the "tainted' people in this aspect hail from Mah. and Delhi.
c) Somehow I have a feeling that the "fast unto death" act of Anna is just being used to deflect focus from ongoing exposure of scams (which emerge on a daily basis). Imagine a scenario, where the govt., post some cajoling and "pressures" yields to the demand of the "fasters", and constitutes a panel of "experts" who end up drafting a half-ass Lokpal Bill. And in the scheme of things, the focus on current mega scandals, which are perhaps of the same order of magnitude as India's economy, gets lost. Who is the winner in this game?
Nachiketa Tiwari
------------------------------
I am pained to read and hear about government's reaction to my fast. I consider it my duty to clarify the points raised on behalf of Congress party and the government by their spokespersons, as they appear in media:
1. It is being alleged that I am being instigated by some people to sit on this fast. Dear Manmohan Singh ji, this is an insult to my sense of wisdom and intelligence. I am not a kid that I could be "instigated" into going on an indefinite fast. I am a fiercely independent person. I take advice from many friends and critics, but do what my conscience directs me to do. It is my experience that when cornered, governments resort to such malicious slandering. I am pained that the government, rather than addressing the issue of corruption, is trying to allege conspiracies, when there are none.
2. It is being said that I have shown impatience. Dear Prime Minister, so far, every government has shown complete insensitivity and lack of political commitment to tackling corruption. 62 years after independence, we still do not have independent and effective anti‐corruption systems. Very weak versions of Lokpal Bill were presented in Parliament eight times in last 42 years. Even these weak versions were not passed by Parliament. This means, left to themselves, the politicians and bureaucrats will never pass any law which subjects them to any kind of objective scrutiny. At a time, when the country has witnessed scams of unprecedented scale, the impatience of the entire country is justified. And we call upon you, not to look for precedents, but show courage to take unprecedented steps.
3. It is being said that I have shown impatience when the government has "initiated" the process. I would urge you to tell me - exactly what processes are underway?
a. You say that your Group of Ministers are drafting the anti‐corruption law. Many of the members of this Group of Ministers have such a shady past that if effective anticorruption systems had been in place, some of them would have been behind bars. Do you want us to have faith in a process in which some of the most corrupt people of this country should draft the anti‐corruption law?
b. NAC sub-committee has discussed Jan Lokpal Bill. But what does that actually mean? Will the government accept the recommendations of NAC sub-committee? So far, UPA II has shown complete contempt for even the most innocuous issues raised by NAC.
c. I and many other friends from India Against Corruption movement wrote several letters to you after 1st December. I also sent you a copy of Jan Lokpal Bill on 1st December. We did not get any response. It is only when I wrote to you that I will sit on an indefinite fast, we were promptly invited for discussions on 7th March. I wonder whether the government responds only to threats of indefinite fast. Before that, representatives of India Against Corruption had been meeting various Ministers seeking their support for the Jan Lokpal Bill. They met Mr Moily also and personally handed over copy of Jan Lokpal to him. A few hours before our meeting with you, we received a phone call from Mr Moily's office that the copy of Jan Lokpal Bill had been misplaced by his office and they wanted another copy. This is the seriousness with which the government has dealt with Jan Lokpal Bill.
d. Dear Dr Manmohan Singh ji, if you were in my place, would you have any faith in the aforesaid processes? Kindly let me know if there are any other processes underway. If you still feel that I am impatient, I am happy that I am because the whole nation is feeling impatient at the lack of credible efforts from your government against corruption.
4. What are we asking for? We are not saying that you should accept the Bill drafted by us. But kindly create a credible platform for discussions - a joint committee with at least half members from civil society suggested by us. Your spokespersons are misleading the nation when they say that there is no precedent for setting up a joint committee. At least seven laws in Maharashtra were drafted by similar joint committees and presented in Maharashtra Assembly. Maharashtra RTI Act, one of the best laws of those times, was drafted by a joint committee. Even at the centre, when 25,000 tribals came to Delhi two years ago, your government set up a joint committee on land issues within 48 hours. You yourself are the Chairperson of that committee.
This means that the government is willing to set up joint committees on all other issues, but not on corruption. Why?
5. It is being said that the government wants to talk to us and we are not talking to them. This is utterly false. Tell me a single meeting when you called us and we did not come. We strongly believe in dialogue and engagement. Kindly do not mislead the country by saying that we are shunning dialogue.
We request you to take some credible steps at stemming corruption. Kindly stop finding faults and suspecting conspiracies in our movement. There are none. Even if there were, it does not absolve you of your responsibilities to stop corruption.
With warm regards,
Anna Hazare is plugging the Sonia Gandhi NAC!!!
Hazare carrying the NAC torch!!! Please note the highlighted portion.
"...lack of credible efforts from your government against corruption": Anna Hazare's letter to PM
6 April 2011
Dear Dr. Singh,
I have started my indefinite fast at Jantar mantar. I had invited you also to fast and pray for a corruption free India on 5th April. Though I did not receive any reply from you, I am hopeful that you must have done that.I am pained to read and hear about government's reaction to my fast. I consider it my duty to clarify the points raised on behalf of Congress party and the government by their spokespersons, as they appear in media:
1. It is being alleged that I am being instigated by some people to sit on this fast. Dear Manmohan Singh ji, this is an insult to my sense of wisdom and intelligence. I am not a kid that I could be "instigated" into going on an indefinite fast. I am a fiercely independent person. I take advice from many friends and critics, but do what my conscience directs me to do. It is my experience that when cornered, governments resort to such malicious slandering. I am pained that the government, rather than addressing the issue of corruption, is trying to allege conspiracies, when there are none.
2. It is being said that I have shown impatience. Dear Prime Minister, so far, every government has shown complete insensitivity and lack of political commitment to tackling corruption. 62 years after independence, we still do not have independent and effective anti‐corruption systems. Very weak versions of Lokpal Bill were presented in Parliament eight times in last 42 years. Even these weak versions were not passed by Parliament. This means, left to themselves, the politicians and bureaucrats will never pass any law which subjects them to any kind of objective scrutiny. At a time, when the country has witnessed scams of unprecedented scale, the impatience of the entire country is justified. And we call upon you, not to look for precedents, but show courage to take unprecedented steps.
3. It is being said that I have shown impatience when the government has "initiated" the process. I would urge you to tell me - exactly what processes are underway?
a. You say that your Group of Ministers are drafting the anti‐corruption law. Many of the members of this Group of Ministers have such a shady past that if effective anticorruption systems had been in place, some of them would have been behind bars. Do you want us to have faith in a process in which some of the most corrupt people of this country should draft the anti‐corruption law?
b. NAC sub-committee has discussed Jan Lokpal Bill. But what does that actually mean? Will the government accept the recommendations of NAC sub-committee? So far, UPA II has shown complete contempt for even the most innocuous issues raised by NAC.
c. I and many other friends from India Against Corruption movement wrote several letters to you after 1st December. I also sent you a copy of Jan Lokpal Bill on 1st December. We did not get any response. It is only when I wrote to you that I will sit on an indefinite fast, we were promptly invited for discussions on 7th March. I wonder whether the government responds only to threats of indefinite fast. Before that, representatives of India Against Corruption had been meeting various Ministers seeking their support for the Jan Lokpal Bill. They met Mr Moily also and personally handed over copy of Jan Lokpal to him. A few hours before our meeting with you, we received a phone call from Mr Moily's office that the copy of Jan Lokpal Bill had been misplaced by his office and they wanted another copy. This is the seriousness with which the government has dealt with Jan Lokpal Bill.
d. Dear Dr Manmohan Singh ji, if you were in my place, would you have any faith in the aforesaid processes? Kindly let me know if there are any other processes underway. If you still feel that I am impatient, I am happy that I am because the whole nation is feeling impatient at the lack of credible efforts from your government against corruption.
4. What are we asking for? We are not saying that you should accept the Bill drafted by us. But kindly create a credible platform for discussions - a joint committee with at least half members from civil society suggested by us. Your spokespersons are misleading the nation when they say that there is no precedent for setting up a joint committee. At least seven laws in Maharashtra were drafted by similar joint committees and presented in Maharashtra Assembly. Maharashtra RTI Act, one of the best laws of those times, was drafted by a joint committee. Even at the centre, when 25,000 tribals came to Delhi two years ago, your government set up a joint committee on land issues within 48 hours. You yourself are the Chairperson of that committee.
This means that the government is willing to set up joint committees on all other issues, but not on corruption. Why?
5. It is being said that the government wants to talk to us and we are not talking to them. This is utterly false. Tell me a single meeting when you called us and we did not come. We strongly believe in dialogue and engagement. Kindly do not mislead the country by saying that we are shunning dialogue.
We request you to take some credible steps at stemming corruption. Kindly stop finding faults and suspecting conspiracies in our movement. There are none. Even if there were, it does not absolve you of your responsibilities to stop corruption.
With warm regards,
K B Hazare
------------------------------
To return to Anna Hazare, the aged war-horse has been seriously undermined by Karnataka Lokayukta Justice N. Santosh Hegde, whose name has been recklessly used over the past few weeks to garner middle class support for the private Jan Lokpal Bill drafted by Hazare, Hegde and others. Hedge has suggested that Hazare’s decision to fast until the Centre agrees to pass this Bill is premature, as the National Advisory Council is still discussing this private Bill and has not given its recommendations to the government.
A major plank to justify the hunger strike is the string of scams that have hit the UPA-II, most notably the 2G Spectrum Scam and the scandals associated with the Commonwealth Games.
Anna Hazare surrounded by cronies of West funded NGOs and Italian Sonia led NAC cannot be allowed to hijack the movement against corruption started and meticulously run by Sri Baba Ramdev.
The middle class of Chennai is likely to congregate on the Marina Beach this evening lighting candles (sic) in order to show solidarity with the fasting Anna Hazare. Where were these people when Baba Ramdev visited Chennai and other parts of TN during the last week of March?
Sandhyaji has raised valid and significant doubts on the frenzy being spread from Janthar Manthar, New Delhi.
Beware, anything highlighted and hyped by the secular mainstream media in India is dubious!
Please read and spread this column written by Sandhyaji.
Thanks & Regards
gautham.
Anna Hazare: NGOs for Governance?
Sandhya Jain
7 April 2011
In the wake of an orchestrated frenzy to achieve a particular legal structure against official corruption, it is pertinent to ask all political parties if they are willing to abolish Parliament and representative government, and entrust power to a coterie of NGOs with overt and covert Western support.
Anna Hazare’s gigantic exercise to delegitimise the elected UPA and elected Members of Parliament, and insist that a self-appointed group of moral guardians shall determine the contours of a proposed national legislation to tackle corruption in government, is an assault on the letter and spirit of the Constitution. Unelected crusaders with agendas derived from unknown sources; and ample funds to whip up moderate street participation; can at best be regarded as a pressure group with a right to be heard.
Anna Hazare’s so-called fast-unto-death is questionable for its anti-democratic disdain for elected government and people’s representatives. The timing is equally suspect – right after the adjournment of Parliament after passing the Union Budget. It may be recalled that Prime Minister Manmohan Singh was forced to gift Rs. 40,000/- crores to the leaky MREGA project favoured by Congress president Sonia Gandhi and her unelected friends in the National Advisory Council; his attempts to curtail this hole in the exchequer enraged her.
As if on cue, Hazare, NAC cronies, Rockefeller Foundation-funded Magsaysay Award winners, and other usual suspects, ganged up against the besieged prime minister. Concerned citizens and analysts have a duty to ask whether the government of a Republic that derives its power from the people should – in the months preceding the monsoon session of Parliament – cave in to blackmail by well-heeled and well-connected NGOs, and accept a legislation drafted by them? If laws are to be adopted and enacted in this manner, do we need either government or Parliament?
We may as well formally declare India a ‘Mandate’ of the United States. After all, the NAC that rules the government is chaired by ‘Indo-US nuclear deal is close to my heart’ Sonia Gandhi, and includes French national Jean Dreze, besides ex-IAS officer Harsh Mander, who became internationally famous by maligning the nation in the wake of the post-Godhra riots.
By an interesting coincidence, the attack of the NGO Armada coincides with the Supreme Court’s smashing the moral credentials of Medha Patkar and her Narmada Bachao Andolan (NBA), for filing a false affidavit in the matter of the Omkareshwar Dam project. A Bench of
Justices JM Panchal, Deepak Verma and BS Chauhan – annoyed at the NGO’s false claim that the State of Madhya Pradesh had wrongfully acquired 284 hectares of land from Indore farmers – asked it to explain “why it should not be restricted from filing any case/petition before any court throughout the country”. Why indeed.
More pertinently, State Government counsel informed the Court that Patkar’s NGO is not a registered society and is thus not even entitled to represent the oustees! Surely that sums it up – NGOs are only a ‘lobby’; they are not equal to, much less above, elected representatives of the people. Yet the fact that Patkar’s Narmada Bachao Andolan could exist and enjoy high profile for 30 long years without complying with any legal formalities, proves that such NGOs are intricately networked with the Congress-dominated political and bureaucratic hierarchy, despite pretensions of ‘dissent’ and leadership of the ‘voiceless’. There can be no doubt that they have a hidden agenda.
Now that the Supreme Court has taken cognizance of the dubious credentials of this NGO, it must direct the State Government to investigate the sources of its funding, and possible agenda.
To return to Anna Hazare, the aged war-horse has been seriously undermined by Karnataka Lokayukta Justice N. Santosh Hegde, whose name has been recklessly used over the past few weeks to garner middle class support for the private Jan Lokpal Bill drafted by Hazare, Hegde and others. Hedge has suggested that Hazare’s decision to fast until the Centre agrees to pass this Bill is premature, as the National Advisory Council is still discussing this private Bill and has not given its recommendations to the government.
Justice Hegde has indirectly admitted that there are differences of opinion regarding various clauses of the Bill even among the activists who drafted it. This suggests that the NAC may moot new clauses that could divide the activists further. With the private Bill thus likely to be subjected to further changes by the NAC, Hazare’s fast makes little sense to even some of his colleagues. It would seem that its purpose is to coerce Dr Manmohan Singh to commit to whatever Sonia Gandhi dishes out in the name of the NAC, despite institutional reservations from government. This is extra-constitutionalism at its zenith – strange that the opposition BJP should be so blind to it.
Certainly there is something inexplicable in Hazare’s haste – “It’s a fight to the finish for citizen’s rights”. Why? What is the hidden target he is hurtling towards; why is it secret from the rest of us?
Readers who may regard this critique as harsh should consider that Anna Hazare wants a joint committee comprising government and civil society leaders [read individuals and NGOs favoured by him and his friends] to rework the current draft Lokpal Bill. I am refraining, in this article, from going into the merits of his critique of the Government Draft [I stipulate there will be much merit in it]; in fact, I am not going into the text of his draft at all, nor comparing it with the impugned Government draft.
My point is that he is instigating the middle class intelligentsia that comes to hear him at Jantar Mantar – and neither he nor any of his allies is a grassroots mass leader – to despise and distrust politicians and bureaucrats as a class when these are the constitutional pillars of State. In their place, Hazare moots an unelected oligarchy. This does not bode well for the nation or the society.
While he is within his rights to fiercely criticise the Government draft Lokpal Bill, it is utterly unworthy to say that, “If the government alone drafts the anti-corruption bill, it will be autocratic not democratic, there will be discrepancies.” Here it may be pertinent to note that while Hazare’s charmed inner circle includes some high profile lawyers who have made a mark in the battle against corruption in high places, he has placed NO FAITH in the Judiciary as an institution in rectifying anomalies in the law and its application, and in bringing culprits to justice. This is a strange kind of crusade.
A major plank to justify the hunger strike is the string of scams that have hit the UPA-II, most notably the 2G Spectrum Scam and the scandals associated with the Commonwealth Games.
Yet the 2G Spectrum Scam probe is being closely supervised by the Supreme Court and the principal accused are already in jail – without help from Hazare or his associates.
On the Commonwealth Games – Hazare & Co. are conspicuous by their silence on the Report of the V.K. Shunglu Committee which has nailed Delhi Chief Minister Sheila Dikshit, Lt. Governor Tejinder Khanna, and the Central Ministries associated with the Games for all the sins of omission and commission. The shameless manner in which Mrs Dikshit has sought to ridicule the Shunglu Committee, her meeting to garner the support of Ms Sonia Gandhi, the failure of Sonia Gandhi and Congress to move against Dikshit, all speak eloquently about who shields corruption in the UPA.
I would have had faith in the Anna Hazare fast if he had made action on the Shunglu Committee the pivot of his crusade and fast in Delhi, and not made the personally honest Prime Minister the target of his rage. The fact that this very live issue of high level corruption in the capital – which still reverberates in world capitals – did not even occur to him or his associates should be evidence enough of an unspoken agenda and an illegitimate target. It reminds one of Sherlock Holmes’ quintessential query – but why didn’t the dog bark?
In conclusion, I must say I cannot agree with the main object of Anna Hazare’s fast – to elevate a select coterie as national super cop and super judge, as a national daily put it so aptly.
I robustly condemn the idea that Magsaysay Award-winning Indians should figure in the Lokpal selection panel. This stinks of an American hand. Without casting aspersions on any individual, it bears stating that the Magsaysay Award is funded by the Rockefeller Foundation, though it is named after late Philippine leader Ramon Magsaysay.
As the Rockefeller family has vast business interests all over the globe and doubtless also in India, we shall never know what kind of private networking could take place in government and bureaucracy via its favoured persons, to further Rockefeller interests. Recently we saw US insurance corporate-cum-philanthropist Warren Buffet visiting India and Government pushing to raise FDI in insurance from 26% to 51%! Bill and Melinda Gates were also here – peddling vaccines of unknown quality and of course the detestable GM seeds.
India’s high profile elites derive status from the international NGO cocktail circuit. Their insatiable quest for funds and glory makes them adopt ideas and concepts without examining their validity in an Indian context. As they are very conscious of their elite status, they have unacceptable contempt for the people and their elected representatives. We cannot endorse these non-accountable and glittering Western satellites.
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