Political parties use stage, grind own axe

NEW DELHI: The show of strength by major political parties, including BJP and Left, was driven by the recognition that activist Anna Hazare had struck a chord with the people on the issue of corruption. But party leaders used the opportunity not just to express solidarity with Hazare's campaign, but also to push their pet political agendas.

So, TDP's K Yerran Naidu used the forum to talk about political influence on CBI while protesting against the agency investigating Chandrababu Naidu. CPM's Brinda Karat struck a familiar note, attacking big corporates and their "loot'' of public money. Shiromani Akali Dal reminded the country about lack of justice for victims of 1984 Sikh riots.

Karat, a CPM politburo member, charged big corporate houses with looting the country and demanded they should be brought under the Lokpal. "They (private companies) will have to be brought under Lokpal. They are looting the country whether it is black money, 2G spectrum, mining leases or land acquisition," she said.

She also argued for inclusion of MPs in its ambit. This was supported by BJP with the rider that if a corrupt practice took place outside the confines of Parliament, the representative should be charged.

TDP's Naidu taunted Rahul Gandhi saying he was speaking about corruption only when faced with an election in Uttar Pradesh. He accused Congress of using CBI for political gains. "This is why the government does not want CBI within the Lokpal,'' he said, adding that TDP chief Chandrababu Naidu was implicated in false cases by the agency.

Akali Dal's S S Dhindsa stressed on the need for an independent authority, saying there was still no justice for victims of the 1984 anti-Sikh riots.

Hazare team rejects Lok Pal report to begin stir

The report of the standing committee on the government’s Lok Pal Bill was tabled in Parliament on Friday and resoundingly rejected by the Anna Hazare group, which has threatened agitation this Sunday and then a congregation at Ramlila Maidan from December 27.

Supporters of the Hazare-led India Against Corruption (IAC) have told Business Standard the new round of agitation will be ‘even bigger and better’ than the previous one and plans were afoot to make it an all-India affair.

 This is after the report of the standing committee partially addressed many of the issues earlier flagged by the IAC. The report has several dissent notes, including three from Congress members themselves. The report also leaves it to Parliament to resolve whether and how the Prime Minister should come within the purview of the proposed ombudsman. It suggests a separate bill for a grievance redressal mechanism, which should have statutory status.
It recommends leaving the conduct of MPs inside Parliament out of the Lok Pal purview and wants statutory status for the Lok Pal, with state Lok Ayuktas being covered under a separate chapter in the same bill. The states, it says, would be free to draft their own Lok Ayukta law that would cover the chief minister.

On all this, the IAC is flexible. What it is inflexible about are two provisions – what treatment the Central Bureau of Investigation (CBI) should get from the Lok Pal and how the lower bureaucracy – specifically group C and D employees that include patwaris, panchayat officials and peons – should be treated. The standing committee says group C and D employees will, according to government plans, be merged – and all will be counted as group C. They should come within the jurisdiction of the Central Vigilance Commission, which has a huge administrative machinery but will have little to do once the Lok Pal is established. CVC should report to the Lok Pal on corruption in this category of government employees.

Thus, the committee is loath to dismantle existing institutions to check corruption. But it does create new ones.

On the CBI, the committee wants it to be autonomous of the government. So, the practice of taking sanctions from the government against corrupt officials will be done away with. The CBI will report to the Lok Pal but not be subordinate to it and investigation and prosecution will be hived off into separate wings. Prosecution will be done under a Lok Pal judge.

IAC members were scathing on these recommendations. Lawyer Prashant Bhushan called it a “hotch potch” Bill, which was likely to increase rather than reduce corruption. Arvind Kejriwal called it “a more or less Congress report”, with seven of the 12 members supporting the Bill from that party. “We had plans to go on an agitation and fast from December 27 if the Parliament failed to pass a strong Lok Pal Bill in the current session. We are sticking to our plan,” the Hazare supporters said

Hazare added from his Ralegan Siddhi village in Maharashtra that the committee had fooled the people by keeping the government Bill largely intact.

The report was supported fully by just 12 out of 30 members, of which seven were from the Congress. While 16 dissented, two never attended. So much for its credibility, said Kejriwal.

The team would now observe a day’s fast at Delhi’s Jantar Mantar on Sunday. “We are trying to evolve a consensus among different parties and have also called for their participation in the dharna,” team members said.

Hazare’s public statement indicated he had nothing against the Prime Minister or Congress president Sonia Gandhi (who is indisposed) and that it was Rahul Gandhi’s utterances that showed the government was not serious about bringing back probity to public life.

He also said the effect of his campaign would be visible in Uttar Pradesh in the run-up to the assembly elections there early next year.

Supreme Court notice to anna hazare following PIL

NEW DELHI: The Supreme Court has issued notices to social activist Anna Hazare on a public interest litigation, seeking direction to CBI to investigate 'financial irregularities' in his trust. The court also sought response from Hazare on the plea seeking his prosection for alleged siphoning of funds. A bench comprising Justice Aftab Alam and Justice Ranjana Desai also sought responses from the Centre, CBI and the Maharashtra Government on the PIL filed by advocate ML Sharma.

"This court be pleased to issue direction for CBI Investigation against Capart's (Council for Advancement of People's Action and Rural Technology) officials, 833 (black-listed) NGOs, including Kishan Baburao Hazare, for recovery of money as well as prosecution," said advocate Sharma in his petition.

He said Hazare and his associates had floated the Hind Swaraj Trust in Ralegon Sidhi in 1995, with a capital of just Rs 500 and received Rs 45 lakh from the Centre in 1994-95, even before the trust was registered. It was followed by Rs 65.85 lakh from the state government in 1995-96, it said. "This is a clear case of fraud and criminal breach of trust involving public funds, as how could a trust, which was not born and having funds not more than Rs 500 as capital for registration on February 21, 1995, be spending Rs 45 lakh in 1994-95," the petitioner asked.

Despite irregularities pointed out by Justice Sawant Committee's report, no action has been taken by the authorities. "The report said that in 1994, Hazare had secured another Rs 75 lakh from Capart. In 2001, Capart released Rs 5 crore to Hazare in the name of rural help," the petition said. The petitioner placed on record of the apex court the portion of the Sawant Committee report.

"Petitioner is seeking CBI investigation for further collection of details of amount siphoned by the respondent no.4 (Hazare) and his friends as well as their criminal prosecution under Section 409, read with Section 420 of IPC, coupled with recovery of money he and his group of friendsa¦succeed to siphona¦from the Consolidated Fund of India," PIL said.

Petitioner Sharma further said the extent of utilisation of funds given to the trust from the Consolidated Fund of India could be found only if the apex court orders a probe and closely monitors it. He alleged that a case of misappropriation of money and cheating was made out against Hazare and his trust.

According to the petition, in July 18, 2010, Capart released a list of NGOs black-listed by it for fund misuse, but the central government did not initiate any action or criminal investigation into the role of these bodies.

"Hazare is only an example; more than 10 thousand crores funds from the Consolidated Fund of India has been siphoned to various NGOs/Trusts in the name of public welfare and used for own family/political development," the petition alleged.

There are more than 22,000 NGOs and various other trusts in the country utilising grants from governments and enjoying complete tax exemption, running into thousand of crores every year, the plea alleged.