Monday, August 22, 2011

Why Lokpal Bill is Important

Government Lokpal Bill is a joke, eyewash and totally ineffective !!!!!!

1)Why


Government is afraid of discussion of bill in public??Is it because its so called lokpal bill is garbage. While team Anna gave arguments regarding the effectiveness of the Jan lokpal bill and  severe shortcomings of Government Lokpal bill , Government simply has one argument “ Parliament is supreme and its member alone can decide the provision of Lokpal. They do not want any discussion on provision and shortcoming of their bill. Team Anna has asked government to publicly debate on this issue or videotape the meeting between civil society and government but government rejected both demand.


2)Team

Anna will get nothing from having week or strong Lokpal bill. But corrupt politicians will definitely be atloss if strong lokpal bill is passed ( the chances of them getting prosecuted and getting jailed will be more). Â In thiscase, the thief(politicians) himself is making law to lay parameter how investigationwill be done against him.


3) Government

Is acting like a local trader or Blackmailer by coming up with give and take offer. Inother words, it is asking Team anna to tone down their demands for strong lokpal and include weak government recommendations. Why?Why Government dont want strong lokpal ? Also it is following policy of “Divide and Rule by bringing fringe elements( like Aruna roy of NAC) and sayingcivil society is divided.


4) Since the Jan


Lok bill will create independent authority regarding the investigation of government officials and its ministers, MP’s etc.  it is required that independent agency should look after these matters. ( CBI has to start inquiry in 2G and CWG scam only after supreme court initiative). In government so called Lokpal Bill.

5) Government lokpal 


Will be elected by majority of governments nominees and will be under government control. A Just like CBI, CVC etc. So it will be atoothless body who will never initiate inquiry against government ministers. (Remember a government nominated CVC , supposed to be most honest person, has been charged by SC in corruption case). 

6) Government effectively gave chance to accused to be alert and remove/destroy the evidences by telling him that inquiry will be initiated against him/her.


7) Since all scam has its presence from low level to high level officials, by bringing only high level under investigation will effectively way to hamper a proper and full investigation.

8) The person who brings corruption charges against an official/ minister will get 2year Jail term if Corruption charges are not proved. In other words, Discouraging and intimating the person who brings corruption charges against corrupt.


9) The investigation for corruption will be effectively done by government agencies( CBI etc.),Lokpal will only supervise. In other wordno action against government ministers/ officials.


10) Want to bring NGOs under Lokpal investigation thereby increasing the workload of lokpal and remove the focus from political corruption. ( NGO could have been brought under any other investigation agency like CBI, police etc).


11)Governments don't want to provide sufficient manpower to lokpal under its bill making it a toothless body. A See how Lokpal Bill can curb the politicians, Circulate it to create awareness Existing System System Proposed by civil society No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. 

Before starting investigation or prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated. Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone's permission. 

Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail. No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented. Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. 

CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta. No action is taken against corrupt judgesbecause permission is required from the Chief Justice of India to even register an FIR against corrupt judges. Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone’s permission. Nowhere to go- People expose corruption but no action is taken on their complaints. 

Lokpal & Lokayukta will have to enquire into and hear every complaint. There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies. All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months. Weak and corrupt people are appointed as headsof anti-corruption agencies. Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. 

Selections will take place through a transparent and public participatory process. Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut. Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen. Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money. 

Loss caused to the government due to corruption will be recovered from all accused. Small punishment for corruption-Punishment for corruption is minimum 6 months and maximum 7 years. Enhanced punishment -The punishment would be minimum 5 years and maximum of life imprisonment.

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