Dear XXX (Indian Public)
The Jan Lokpal was conceived as an
independent empowered and accountable ombudsman which could independently,
credibly and expeditiously investigate corruption offences of all public
servants who are today not being investigated because the investigating
agencies are controlled by the same public servants who need to be
investigated. Such a Lokpal would need to be functionally, financially and even
in terms of appointment and accountability be independent of the government and
indeed the political establishment even if they are for the time being not in
government.
A Jan Lokpal bill was drafted by
the Civil Society members of the joint drafting committee for this purpose in
June 2011 which had the support of at least 80% people of the country. A fast
was undertaken by Anna Hazare at Ramlila Maidan in August 2011 for this
purpose, at the end of which the Parliament passed a unanimous resolution
committing to passing a Lokpal Bill which would have at least 3 elements: That
all public servants, high or low would be included in the investigative ambit
of the Lokpal; that the Lokpal would also monitor the Citizen’s charters and
have the power to penalize public authorities and servants who violate it; and
that the Lokpal bill would contain provisions for Lok Ayuktas on the same lines
as the Lokpal for the States, which would take stock of corruption among State
Public servants.
Unfortunately however, the government introduced
and passed a farcical bill called the Lokpal Bill 2011 in December 2011. The
same bill was then brought before the Rajya Sabha but torn up and thrown away
and then referred to the Select Committee. The Bill as passed by the Lok Sabha
left the selection of the Lokpal essentially in the hands of the government. It
also left the accountability of the Lokpal in government hands, thus completely
compromising the independence of the Lokpal. Equally importantly, this bill
left the Lokpal’s corruption investigations in the hands of a government controlled
CBI. Also, the bill did not contain even a single one of the 3 provisions which
the Parliament had unanimously promised Anna Hazare before he broke his fast.
Only Group ‘A’ public servants and not all were brought within the Lokpal’s
purview. There was no provision for State Lok Ayuktas in this bill; and there
was no mention of a citizens charter. Moreover, the investigation of the Lokpal
was crippled by the need to first have a preliminary inquiry where the accused
public servant would have to be heard (thus allowing him to destroy evidence)
before even the FIR could be registered. And worst of all, a person whose
complaint was labelled “frivolous or vexatious” by this government controlled
Lokpal could be imprisoned for upto 5 years (even more than the punishment for
corruption)! That is why we had called this bill a Jokepal bill or a bill for
the protection of corrupt public servants.
The select committee has recommended some cosmetic
changes in the bill which do not take care of the fundamental defects of the
bill. In the selection and removal of the Lokpal, slightly more weightage has
been given to the opposition rather than the government, but even with this,
the appointment and removal of the Lokpal remains under the control of the political
class who usually would have the same vested interest to have a weak and
pliable Lokpal. Similarly, the select committee has recommended that the CBI
officers investigating the corruption complaints entrusted to them by the
Lokpal would remain under the superintendence of the Lokpal and would not be
transferred out without the permission of the Lokpal. However, the essential
administrative powers over the CBI officers of promotions, postings,
disciplinary control and post retirement jobs would remain with the government,
thus rendering them beholden to and dependant on the government. Nothing
substantive is proposed by the select committee to deal with the 3 assurances
of Parliament to Anna.
We are now witnessing an unseemly spectacle in
Parliament with the Congress and the BJP fighting to claim credit for passing
this farcical Jokepal bill, with or without the cosmetic amendments of the
select committee. In either case, it would remain a far cry from the Jan Lokpal
bill which had been drafted by Team Anna and for which Anna had fasted at
Ramlila maidan.
Anna is on fast again at Ralegan
Siddhi for the Lokpal bill. Agents of the Congress and the BJP have been going
to him to get him to accept this Jokepal bill. We realized more than a year ago
that these corrupted parties like the Congress and the BJP were not going to
allow any independent and credible Lokpal which would send half of their
ministers and many of their leaders to jail. That is why we had to form a
political party, realizing that we will need to be in the legislatures to get
the Jan Lokpal bill passed. No amount of Fasting and protests will force these
parties to do what the country really needs. While expressing our full support
for the cause for which Anna is fasting, we call upon him to give up his fast
and join the resurgent civil society movement for an electoral revolution in
the country which promises to bring about the revolutionary changes in the
democratic, electoral and anti corruption system in the country.
Regards,
Team AAP
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