When is Lok Pal getting appointed?
PM Modi assumed chair declaring ‘na khaunga, na khaane dunga’ (in essence, he wouldn’t go corrupt or wouldn’t allow corruption to thrive under him either). It has been almost four and half years since he came into office saying he would fix everything that people who ruled the country for 70 years did wrong. His bhakts have been saying the same thing as well. In another 8 months, his tenure will get over and the country has hardly seen any changes. Instead, common people had to face difficulty owing to bad execution of GST and demonetization.
Manmohan Singh government had brought Right to Information act with the hope that administration has to be transparent and there has to be accountability. This act was so powerful that as a result of this, telecom scam was unearthed. Some people who were ministers in last government were even jailed. This act singed many people even at Panchayat level. Now after Modi government came into power, RTI exists only on paper and people are unable to get any information they seek. Details of expenses on providing security cover to Amit Shah are not available under this act. No information is being provided even if one wants to know about the details about public treasury. Details of persons or industrialists who travelled with PM Modi on official trips are not made available. His education details are never out in public domain. There isn’t any information about warplane purchase. Basically, whatever information is sought by the general public, is never available. Yet, the PM appears on Doordarshan sometimes and claims through lip service that his is the most transparent administration India has ever seen.
In the run up to the elections, Modi had assured that he would be appointing Lok Pal soon after he wins elections. But the government was least interested in executing this even after many years in power. SC even rapped the government for not setting up a committee to make recommendations for the post of Lok Pal. Government defended its actions saying there is no official opposition leader in the Lok Sabha.
According to Lok Pal and Lokayukta Act 2013, the posts and the system has to be in place at both state and central levels. It has been almost five years since this act was passed. But the government has been hesitating to take any further step to materialize this, citing some technical problem or the other. One of the reasons that Lok Sabha does not have official leader of opposition is something very far from the truth. After the Supreme Court rapped the government, a committee was formed. But the leader of opposition Mallikarjun Kharge was not made a member, but was invited as a special invitee. Humiliated by this, Kharge did not go to the meeting. Because, invitees have no say in recommendation of Lok Pal.
In the recent times, an amendment has been suggested to anti-corruption bill which penalizes both persons who offer bribe and the ones that receive bribe as well. This is an attempt to create some strong assuring atmosphere in people’s minds against raging corruption. The government says this amendment is aimed at creating confidence. Hence to protect honest officers, even those who offer bribes would be made to stand in the position of guilty as per the law. This ordinance says cases of bribe will have to be disposed of in two years’ time.
Investigation agencies or police cannot register suo moto case against officers. Permission will have to be sought from concerned officers and departments before initiating any step. Retired officers have been insulated from this. Bribe is being interpreted as a criminal misconduct wherein a person has more assets than his known sources of income.
There is an interpretation that anti-corruption bill has been weakened with this. As the act stands now, misuse of power/position and anything that would amount to causing damage to public assets was to be seen as a criminal misconduct. But now with the amendment, this clause has been weakened and the criminals have the opportunity to go scot free. The wrong doing officers have an opportunity to escape the claws of law.
Though it has been mentioned that permission must be sought from suitable authority/department before initiating investigation, there is no clarity on who is the ‘suitable’ person who should be looking into this. Though Lok Pal and Lokayukta systems have to be in place at centre and state respectively, the government is least interested in ensuring this is done. Lame excuses are being given to ensure this system does not come into existence. Narendra Modi had done the same thing when he was Gujarat CM. Even at the centre, he is bent upon creating the same chaotic situation. He feels either the people or the system should never question him or his decisions.
Corruption has been the biggest stumbling block in India’s march towards being a better nation. But to bring an amendment to protect the corrupt and punish the ones that are forced to part with the bribes, is hardly any answer to the problem. Government should appoint Lok Pal and Lokayukta instead of beating around the bush, bringing in undesirable amendments.
Mallikarjun Kharge is a towering personality among opposition parties. He has to be made member of recommendation committee. If this government does not appoint the Lokayukta, people would really suspect the motive of central government, with strong doubts over its integrity.
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Excise policy cases: SC agrees to hear Sisodia's pleas seeking relaxation of bail conditions
New Delhi (PTI): The Supreme Court on Friday agreed to hear AAP leader Manish Sisodia's pleas seeking relaxation of bail conditions which require him to report to the investigating officer on every Monday and Thursday in the corruption and money laundering cases related to Delhi excise policy.
A bench of Justices B R Gavai and K V Viswanathan issued notices to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) seeking their responses on Sisodia's applications.
On August 9, the apex court had granted him bail in the corruption and money laundering cases linked to the alleged Delhi excise policy scam, saying long incarceration for 17 months without trial had deprived him of his right to speedy trial.
The apex court had imposed conditions, including that he shall report to the investigating officer on every Monday and Thursday between 10-11 am.
During the hearing on Friday, senior advocate Abhishek Singhvi, appearing for Sisodia, said the Aam Aadmi Party (AAP) leader has appeared before the investigating officers 60 times.
"I (Sisodia) am a respectable person," the senior advocate said.
Singhvi said that similar condition was imposed by the apex court on other accused in the case.
"The same ED has given no objection to all other accused," he said.
The bench said, "On the next date, we will clarify it."
"Issue notice, returnable two weeks," the top court said.
The former Delhi deputy chief minister was arrested by both the CBI and the ED in corruption and money laundering cases linked to the alleged Delhi excise policy scam.
He was arrested by the CBI on February 26, 2023 for purported irregularities in the formulation and implementation of the now scrapped Delhi excise policy 2021-22.
The following month, the ED arrested him in the money laundering case stemming from the CBI FIR on March 9, 2023. He resigned from the Delhi cabinet on February 28, 2023.
In its August 9 verdict granting bail to Sisodia in both the cases, the apex court had said it was high time that the trial courts and the high courts should recognise the principle that "bail is rule and jail is exception".
"We find that, on account of a long period of incarceration running for around 17 months and the trial even not having been commenced, the appellant (Sisodia) has been deprived of his right to speedy trial," it had said.
The top court had directed him to furnish a bail bond of Rs 10 lakh with two sureties of the like amount.
It had directed that Sisodia shall surrender his passport with the special court and not make any attempt either to influence the witnesses or to tamper with the evidence.
The apex court had set aside the May 21 verdict of the Delhi High Court, which had dismissed Sisodia's pleas seeking bail in both these cases.
The ED and the CBI had opposed his bail pleas.
