Anna & businessmen not above rule of law

When Indira Gandhi was at the pinnacle of her power in the early 1970s, Congress president Debakanta Barooah had said "Indira is India and India is Indira" and engraved his name on the top of the list of official sycophants. Barooah had political ambitions to nurture and knew that in the Indian political system, eschewing sycophancy would not permit one to jump the queue. It is another matter that he ended up disillusioned and left Congress.

But it is hard to fathom why an educated, intelligent and public spirited person like Arvind Kejriwal would make a statement "Anna Hazare is higher than the Constitution". Howsoever popular and respected Hazare may be, can he be placed on a pedestal higher than the Constitution, which is the collective will and resolve of the people of India to abide by certain principles and guiding factors that form the backbone of rule of law.

If it is common knowledge that 'Rule of Law' is vital for equality-based democracy, how can a person be catapulted to a position which is superior to the people's collective wisdom and conscience.

Attempts by the high and mighty or undisputed mass leaders to bend the law in their favour to legitimise their every action had prompted British physician, preacher and intellectual Dr Thomas Fuller to say: "Be you ever so high, the law is above you." This expression has been widely used by the Supreme Court of India in many of its judgments to underline the importance and supremacy of 'Rule of law'.

Allowance could be given to Kejriwal, who is riding the crest of popularity as a key Team Anna member, for making a statement that Hazare is above the Constitution. But it is hard to understand what prompted a seasoned lawyer like law minister Salman Khurshid to say, "If you lock up top businessmen, will investment come?" Timing of the statement was even more questionable, for the Supreme Court is in the midst of hearing bail pleas of several corporate biggies named as accused in the 2G spectrum scam.

'Rule of Law' does not recognise the difference between successful businessmen and beggars on the street and strikes with equal force if either cross the line. If it does and become lenient towards businessmen, who may be accused of swinging a billion dollar deal through unfair means or avoiding crores of rupees in tax, then it is sure to sow seeds of discontent and rebellion among masses for reaping chaos in future.

The law is already tilted towards the businessmen compared to the commoner. If a businessman avoids paying crores of rupees in tax, he can still pay a penalty to compound the offence. But a poor fellow would languish in jail for years as an undertrial even for a petty offence, for he does not have the means to file a bail bond of a few thousand rupees.

The danger of condoning tax-avoidance was discussed in detail by the Supreme Court in McDowell & Company Ltd vs Commercial Tax Officer [1985 SCC (3) 230]. It had said, "The evil consequences of tax avoidance are manifold. First, there is substantial loss of much needed public revenue, particularly in a welfare state like ours. Next, there is serious disturbance caused to the economy of the country by piling up of mountains of black money, directly causing inflation.

"Then there is the 'large hidden loss' to the community by some of the best brains in the country being involved in the perpetual war between tax-avoider and his expert team of advisers, lawyers and accountants on one side and tax-gatherer and his, perhaps not so skilful, advisers on the other side."

It added, "Last but not the least is the ethics (to be precise, the lack of it) of transferring the burden of tax liability to the shoulders of guideless good citizens from those of the 'artful dodgers'."

The law minister's concern was for maintaining peace and prosperity of the political economy and not create chaos by going after top businessmen. But for that, 'Rule of Law' must be manipulated to wink at the alleged illegalities committed by the 'top businessmen'. Rightly, the Supreme Court reiterated that it would go only by the law and laid down parameters and procedures on grant of bail.

One of the greatest judges of the 20th century, Lord Alfred Thompson Denning, had aptly said in Bradbury vs London Borough Council [1967 (3) All ER 434] that "if a local authority does not fulfill the requirement of law, this court shall see that it does fulfill them. It will not listen readily to suggestion of chaos.... Even if chaos should result, still law must be obeyed."

Anna’s verdict on UPA: Four PMs and a clueless Sonia

If the top leadership of the UPA needed any further denting of its credibility, Anna Hazare delivered several knock-out statements in his interview to various TV channels on Tuesday.

Prime Minister Manmohan Singh, always suspected of lacking authority over his cabinet, gets the ultimate put-down from Anna. Speaking to Rajdeep Sardesai of CNN-IBN, he said the PM was a nice person, but “ineffective” because he was “remote-controlled” by senior ministers.

And who were these senior ministers? Anna’s answer: Finance Minister Pranab Mukherjee, Communications Minister Kapil Sibal and Home Minister P Chidambaram.

Having taken a close look at how the government functioned when they dealt with him and his movement, the Gandhian crusader criticised all three ministers, who were part of the Joint Drafting Committee set up to draft the Lokpal Bill, of “behaving like prime ministers.” Asked to spell out what he meant, he merely said: “Everyone knows that they behave like Prime Ministers. Why do you want me to spell it out?”

Anna believes that Sonia and Manmohan listen too much to their courtiers and too little to the people. Shahbaz Khan/PTI
That makes for four PMs in all, including the one who the other three don’t listen to.

And what about Sonia Gandhi? Hazare was not willing to comment openly about her, except to say that she needed to learn from her late mother-in-law Indira Gandhi.

According to him, Sonia seemed to believe that if she had to run the government she needed her advisors (and possibly the ministers). “But there was Indira Gandhi. She became the Prime Minister again not on the basis of her party workers, but by working for the poor. They don’t seem to understand this.”

In short, Anna believes that Sonia and Manmohan listen too much to their courtiers and too little to the people.

The Home Minister, however, was a special target of Anna’s verbal attack. He accused Chidambaram of “masterminding” his arrest on 16 August, and said: “The government wanted to do a Ramdev on me. It had kept a plane ready to take me from Tihar jail to Mula Dam in Maharashtra. But Chidambaram’s strategy boomeranged on the government,” he said.

This is not the first time Anna has attacked Chidambaram for what he believes was his role in the run-up to his arrest and release in August. His release from Tihar jail culminated in the successful fast at Ramlila Maidan last month.

Calling the UPA government a bunch of “fools” soon after his return to his home base of Ralegan Siddhi, Anna had this to say on Chidambaram.

“This Chidambaram is a mischievous man. Chidambaram has lied many a time.”

But despite his tough words for Manmohan Singh and his ministers, Hazare was not any less contemptuous of the BJP, and LK Advani’s rath yatra against corruption. If they were so keen to work against corruption, why don’t they support the Jan Lokpal Bill and legislate Lokayuktas in their states?

Asked if he would support a front comprising non-corrupt people from non-BJP, non-Congress parties, he said: “I will support them but not lead them. Because that is the only solution to make a strong nation. The good people of all parties can come together and I will tell the people of the country to support them,” the Gandhian said.

However, Anna was evasive to a pointed question on why he had not raised his voice against the absence of a Lokayukta in Gujarat for the last seven years. “Why just Narendra Modi? We should think about the entire country. There should be a Lokayukta in every state,” he said.

And would he begin his protest again if Parliament’s standing committee does not agree to his demands on the Lokpal Bill, Hazare said: “Yes. We will protest but not against Parliament…We will see those who oppose it in the standing committee and we will start singing bhajans in front of the houses of those parliament members.”

Asked whether his movement was becoming too political he denied it. “No, not at all…there is no question of politics in this,” he said.

However, he did see political parties taking advantage of his movement. “That will happen…this happened many times in my life…When I protested during Congress government, BJP and Shiv Sena leaders were roaming around me…that government went and BJP-Shiv Sena came to power. Congress did a graduation and the latter got a doctorate (in corruption).”

Sonia should learn from Indira Gandhi: Anna

Ralegan Siddhi, Maharashtra: Veteran Gandhian and social activist Anna Hazare, Tuesday, “advised” Congress president Sonia Gandhi to learn from Indira Gandhi, while also goading good people in different political parties to form a new front.

Speaking exclusively to Zee News, Anna Hazare said, “Till the time Sonia has satta (power) in her mind, she can’t do anything. She should adopt the principle of Indira Gandhi who lost elections, was not even in Parliament, but came back to power as PM. Why? Because she understood that she has to take the poor people of the country with her and work for them.”

“What is the use of such power, which doesn’t ensure that good is done for society, country and its people? What will they do with such a rule? People will rally around only till there is power; after that nobody will care,” he added.

On Manmohan Singh, Anna said that the Prime Minister is a nice man but he can’t do anything, as “he is controlled by remote control”.

Anna also made it clear that he doesn’t support the anti-corruption ‘rath yatra’ planned by BJP leader LK Advani. “I don’t support LK Advani’s rath yatra,” he said.

On the wider issue of the way forward given the massive support his India against Corruption initiative garnered during his fast over the Lokpal Bill in Delhi, Anna Hazare said that he will never form a political party of his own but will support a new party formed by “good people” from all political parties.

“Which party is clean enough to give a future to the country? All good people from all parties should form a new party, we will support it,” he said, adding, “Every party has good people, they should unite for the country’s future,” Anna said.

"The flame of change has been ignited in the country. Anna Hazare may or may not be there tomorrow, but this flame should not be allowed to get extinguished," he added.