Corruption vs irregularity

The prevention of corruption act, 1988  talks about taking illegal gratification. The  act defines "gratification" as not restricted to pecuniary gratification or to gratifications estimable in money. Under this act offences can be made out only if there is proof of taking illegal gratification. let us examine some of the current corrupt cases which are under trail,

2G spectrum,

1. Raja has not received but has help Kanimozhi to receive the illegal gratification.
2. Kanimozhi has received illegal gratification though her TV company.
3. Maran, fmr textile minster has received illegal gratification indirectly through his brothers company.
4. BS Yeddyurappa has received illegal gratification through a family managed trust.

Now the question is that  Sheila Dikshit has been charged with irregularities by CAG report, does this amount to corruption. It’s inclusive with in  popular meaning of the word corruption, but under the prevention of corruption act this not an offence since no illegal gratification received.

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Central government’s review petition on SIT

The central government has filed a  review petition to withdraw the SIT constituted by supreme court. The governments has appealed to the supreme court to withdraw the SIT on the below grounds.

Economic policy

“It impinges upon the well settled principle that courts do not interfere with the economic policy which is the domain of the Executive and that it is not the function of the court to sit in judgement over matters of economic policy, which must necessarily be left to the expert bodies”. The government has contented that it’s the economic policies of the executives and the court cannot review matter regarding the policies. Any rational mind would understand that executive have the worst of economic policies. What is their policy to allow the black money to flow out of the country and do nothing about it. Is this the policy of the government and the executives?

Separation of power

The government feels that judiciary has gone beyond its powers and there by infringing the powers of the executives, That is SIT take away the power if Enforcement directorate and Intelligence bureau and gives it to SIT . The separation of powers is well established principle and it has to be respected is the contention of the government.

The governments contentions are very clear that they will act slowly and do nothing about corruption and also the black money issue.

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Maran will soon join Tihar mates

  Dayanidhi Maran was the telecom minister in the UPA – 1 and has now been under the scanner for alleged corruption and misuse of his position. The opposition parties have stepped up the demand for Maran’s resignation. A political party  went on to say that it high time that PM should drop him from his cabinet. The pressure has mounted badly after the CBI’s report to supreme court on his involvement in 2G scam. DMK has let him down and will not extend any support to Maran and congress will be looking to clean its name from the 2G scam so the arrest of Maran is eminent.

Allegations:

1. Threatening AIrcel founder to sell the company to Maxis communication, In turn maxis has invested 700 cr in sun direct owned by Maran’s brother.

2. Setting up of a private exchange for the benefit of Sun network and causing a loss of revenue to BSNL.

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Selective and targeting non congress governments

In Karnataka the governor has been very active and never misses a chance to lash out at the BJP government. similarly Rahul targets selectively at UP government. In no case one would defend the corruption at Karnataka or atrocities of UP government but the point that is made here is why selective targeting them, as if all the other state does have any corruption or any atrocities have not been committed. Rahul has never made or expressed his views on lokpal nor did he make any trip to Jaitapur where the lands are forcefully acquired by congress government and there is also concern over safety. will Rahul’s gimmicks work? certainly no, his plan for Bihar was a big failure. In next parliament election it’s certain that congress would face a major defeat even if Manmohan singh is the prime ministerial candidate. 

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Strong action will be taken..

The army chief has said that strong action will be taken if any army officials are found guilty. The killing of 13 years old boy is serious crime and if any body has committed it will automatically qualify for a severe punishment. what further action will he take beyond penal punishment.

Certainly army officers do enjoy certain immunity against criminal proceedings but certainly not against this type of killing.

Recently supreme court India has made remark on armed forces immunity and it goes like this "You cannot say that an army man can enter any home commit a rape and say he enjoys immunity as it has been done in discharge of official duties," the apex court remarked. This case will also be taken up in similar lines, cannot killing a 13 year old boy is certainly not the official duty of the army. The army chief has said something for the sake of making a statement. His statement has no meaning and the people of this country needs action and not cover up & media statements. 

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“Torture or other inhuman treatment in India”

Purulia arms drop extradition case was yet another failure for CBI. CBI is known to lose the extradition cases. The best one is bofors extradition case. The Danish court has agreed to the point that kim davey  may be subjected to torture or other inhuman treatment and dismissed the extradition case. It’s a national shame that CBI could not convince the Danish court on extradition. The courts remarks over the inhuman condition at Indian jail is unacceptable and as a country India should fight this case and government has to mount pressure on Danish government regarding this. 

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Not a precedent says sibal

“I don't say it is a precedent. In the given situation, the government was in, it is a decision that we took with open eyes and I don't consider it to be a precedent... the government was in a particular situation,” Mr. Sibal told PTI

It is his freedom to express his views but his views need not necessarily be correct or an widely accepted view , why should it not be considered as a precedent? just because government feel unsecured it shall not lose it’s value. In a democracy a legitimate people movement shall ought to be respected and demands to be fulfilled.  

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Advocates can practice in any courts, tribunals and other quasi judiciary body

Now, lawyers can practise, as a matter of right, in all courts and forums, including tribunals or any quasi-judicial authority.Fifty years after the Advocates Act, 1961, came into force, the Centre has notified Section 30 of the Act — with effect from  June 15 2011 — to enable advocates to practise anywhere.  This provision was not notified when the Act was added to the statute book. As a result, in certain courts and tribunals, lawyers could appear only if they were permitted by the presiding officer.

For some strange reason, this Section 30 was not notified for the last fifty years. The Government has issued a notification last week appointing June 15 2011 as the date from which this section will come into force.

The long-pending demand of lawyers for notifying this Section was fulfilled, thanks to Union Law Minister Veerappa Moily’s initiative.

Section 30 says: “Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.”

In an interaction earlier this month with The Hindu, Mr. Moily said he would take immediate steps to get Section 30 notified.

The government issued the Gazette Notification on June 9. It said: “The Central government hereby appoints June 15, 2011 as the date on which Section of the Advocates Act shall come into force.”

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Parallel representation in a democracy

India being a democratic country has a process of electing the members to the legislative assembly  through  elections. These elected members are the representatives of the civil society. In the recent past there is birth of a new class of civil society representation mostly consisting of social activist. This representation is though for a special purpose, it seems like special purpose  company. This new class of civil society representation though was not elected, but commands a huge support from the public especially from middle income group and younger Indian generation. The purpose for the new class of civil society representation is to fight against corruption and first step being to draft a strong lokpal bill. Government due to intense pressure from the public accepted the new form of  civil society representation and agreed to give limited power in the drafting committee.

Focused civil society

Now in India there are two class of civil society representative, one is of course making an issue based representation.  The newly formed representation from the civil society is more focused on the issue and takes all rational and possible step to  achieve the special purpose (in the current case it’s lokpal bill) but the elected government remains uncommitted for a strong lokpal and often causes lot of distractions. on this we can say unelected representative are more focused and committed compared to the elected representatives.

Difficulty in working together

The elected representatives by accepting the new civil society representation feel very unsecured and want to suppress the civil society representation and on the other hand the focused civil society working towards a successful mission and also wants set a strong precedent for the future. there is clearly an great difference of intension. It would be difficult for both to work together, it’s clear mismarriage between the two.

Necessity for parallel representation

Of course necessity are mother of all invention, now what is the necessity for the parallel people presentation in  a democracy. The only reason could be that the people have lost the faith in the government so much that they have supported a group to form a new civil society representation. Government in the recent protest by baba ramdev, did explain the country about it intention and it’s action for recovering the black money but cry conspiracy. This ia very clear sign that government is inefficient and lacks trust so it’s nature that any group or person raising the voice against the government would be supported. It’s the failure of the elected representative has led to the birth of a new class of civil society.

Can Civil society deliver

The current issues that are taken up by the civil society are larger issue like corruption, black money etc. The elected government would do everything to stop the civil society from achieving it’s goal because if civil society achieve it then it would expose the inefficiency of the government so the government could very well prolong it so that nothing really happens and but will certainly show as if it’s serious and working towards it. The civil society representative can help for change of guard at the centre but Presently in India is a literally have no good alternative so therefore even if there is change in the guard, there could be very less action. special purpose representative is good and effective for smaller issue like construction bridge, demanding reliefs etc and can see an immediate solution. when  a larger issues like corruption and better governance taken up the solution cannot be reached in a short period and also a lot of elected representative will be badly affected  so a immediate or solution cannot reached and civil society representation will mostly fail. 

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Midnight arrest of democracy

CNN-IBN has reported that kapil sibal said “ swami who teaches yoga asanas to the country shouldn't teach political asanas”  and the mid night arrest followed it… is it democratic?, well many have argued that by going on a fast one is actually holding the government for a ransom and is undemocratic… well now government has arrested and charged a person for rioting but actually he was peacefully protesting. Many of those who have looted the nation’s wealth remain free without any charge being framed against them but a person who is protesting peacefully and well with in his legal rights being charged with rioting is mockery of democracy.

Kapil sibal .. devil’s advocate

Well, regarding kapil sibal’s statement, when an Advocate like him can take up politics, why should not a yoga guru take up politics or does he not have the right hold a peaceful demonstration against the government which is in his opinion inefficient in tackling the corruption and black money issue. A Lawyer cum minister making such irresponsible statement is never a welcomed one at any point of time.

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