Anna's Lokpal

Lot of hue 'n' cry and an unprecedented public support for Anna Hazare's movement for the Jan Lokpal Bill. One fine morning, an obscure and unknown Anna Hazare makes a demand for Jan Lokpal Bill and decided to go on a hunger strike unto death. Whatever followed would go down in the annals of history for all times to come.

No doubt, the public outpour in support of this old gentleman was not for nothing. Public was, indeed, tormented and fed up of spineless and hopeless politicians of this country, but what they did and the way they did brought down from the pedestal the dignity of their demand and reduced the entire effort to a cheap arm twisting tactic.

When Team Anna started, their only humble demand was to have their Bill presented in the Parliament along with the Government's Bill and Parliament can choose any one which it feels proper. Seeing the support in their favour, they got excited and demanded that all the formalities should be waived -- it should not go to the Standing Committee and should directly be tabled, if Parliament session expires, it should be extended. They even went to the MPs and took their signatures on the undertaking that they would support the Bill in the Parliament. Now they asked for a written undertaking from UPA that it would table the Bill and would support it as well and would get it passed in the Parliament. Even if their DEMAND was justified, by no stretch of imagination can the content and the mode be justified. Whatever they may say, Anna has set such a precedent in this country that whenever any influential person would want to have any demand met, he would resort this mode. We should not forget that this is the public which has made temple for Amitabh Bachchan and worships Rajnikant. With due regards and just as a wild guess, if tomorrow, any of these two decides to sit on a fast, would the support of the public and the pressure on the government be any lesser ? NO !!!!

Coming on the contents of the Jan Lokpal Bill , as a lawyer, I can say that they are nothing but an emotional outburst of the people. Clause 8 of the draft Jan Lokpal Bill deals with the functions of Lokpal. According to the same, Lokpal would be authorized to initiate action against the Government servants, if found guilty under Prevention of Corruption Act, can order dismissal of the authority as well. We need to stop here and analyze the existing law. Dismissal, suspension etc, being the disciplinary authorities, can be ordered by the appointing authority of that Government servant. To counter that, they have demanded that, for the purposes of this Act, Lokpal should be deemed to be an appointing authority and disciplinary authority both. Legally, appointing authority is that under whose signatures and orders, the officer was appointed. Since, it was not the Lokpal who appointed the officer, he cannot be the Appointing Authority and, since he is not the Appointing Authority, he cannot order dismissal. So this demand of theirs goes on the legal footing which means its ILLEGAL. Clause 8, amongst others, further gives the power to the Lokpal to cancel the licenses or blacklist the private companies etc.

It is provided in the Bill that Lokpal would be empowered to ISSUE SUCH DIRECTIONS to the Government authorities to make SUCH CHANGES in their work culture so as to reduced the possibility of corruption and public grievance !!!! No wonder if tomorrow a direction is issued to the Cabinet Secretary to have a member of Team Anna at its heels to as to have its actions monitored to reduce corruption !!!!

Section 197 of CrPC which deals with the prosecution of Judges and Public Servants and prohibits any action by the Court without a previous sanction is sought not to have any effect on the proceedings under this Act and the requisite permissions would be deemed to have been granted the moment Lokpal grants the same. So technically, Lokpal is equating itself with the Government of this country.

Lokpal can issue search warrants, he can conduct and raid and conduct searches, can break open the locks of the doors and cupboards where he has a doubt of any illegal possession. Under Clause 10 of this Act dealing with Evidence, Lokpal would be having all the powers of a Civil Court while trying a suit under CPC, 1908 and would also be a deemed police officer.

It is clear that Lokpal under this Act is usurping the role of all the wings of the Government without giving a heed to the fact that Constitution of this country clearly mandates a SEPARATION OF POWERS. They want the Lokpal to play the role of the Executive, the Judiciary, the Police, in short, an all powerful entity, nothing short of a parallel government.

Investigation on a judicial or a quasi-judicial is possible if the complainant ALLEGES MALAFIDES. I do not see a reason why one would not make a complaint to the Lokpal alleging the same in case he has lost a case, even if he was bound to lose and, as a result, there would be a enquiry upon every judgment passed !!!! They do not realize the amount of pressure this would exert on the members of the judiciary given the fact that one dash of the pen of the Judge can topple the fate of a person for all times to come. Coming to the judiciary, they demand that the requirement of seeking permission of the Supreme Court before even registering an FIR against a Judge should be done away with. This without even going in the history and knowing the reason as to why this was introduced. They demand that members of higher Judiciary should be under the Lokpal. Amongst other things, the most basic of all is that members of higher judiciary are a CONSTITUTIONAL POST and not a government service and the medium of dealing with their misdemeanours has always been different not only in India but in any country. They seek to bring the Government servants and the Constitutional functionaries at the same podium which is not justified in the first place.

In the light of the above, rather than strengthening and refurbishing the present system, what they are asking is a monolith, a monster to be created to devour all others. They want all the institutions and functionaries to be eclipsed in the shadow of Lokpal without realizing that this is India. Here the authority gets corrupt even before it is appointed. God forbid, if Lokpal gets corrupt tomorrow, there would be nothing but catastrophe !!!! Moreover, for this one Lokpal, amendments would be required in innumerous legislations which are already present.

Arvind Kejriwal of Team Anna recently made a statement that if any political party is genuine about fighting corruption then it should vote in favour of all the provisions of the Jan Lokpal Bill and get it passed. Despite their denial, this attitude and behaviour is nothing but a cheap arm twisting technique and nothing short of a BLACKMAIL.

People of this country, before following anyone like a sheep, which they have always done, also need to understand and analyze their demand and its repercussion on none other but themselves.