Page 16 - English Tehelka Issue 7 - April 15, 2018
P. 16

column






                                       How serious governments


                                       are about checking graft?



                                       While the Centre and the states do not seem to be eager to have anti-corruption
         The Way                       ombudsman, the apex court has asked 12 states to explain the delay in Lokayukta
                                       appointment and Anna Hazare sat on indefinite hunger strike to press for Lokpal
         ForWard

         Abdul WAsey                           he Supreme Court recently   2014 and came into force from January                                                                                             photo: pushkar vyas
                                               asked the chief secretaries   16, 2014 but the executive has not estab-
                                               of 12 states — Jammu and   lished a Lokpal yet.                       • Graft   March 23, he also pointed out that   regular staff. According to the report,   that several proposed amendments
                                               Kashmir, Manipur, Megha-     To understand why Lokayukta’s ap-        check Anna   disciplinary action was taken against   the pendency of cases has gone up   to the Lokpal and Lokayuktas Act,
                                       T laya, Mizoram, Nagaland,        pointments are delayed or they are not      Hazare had   407 public servants as a result of ac-  to 1,358,.           2013, are under the Parliament’s
                                       Puducherry, Tamil Nadu, Telangana,   allowed to function independently, it is   sat on a   tion from the Lokayukta Secretariat   The difficulties these ombudsman   consideration.
                                       Tripura, Arunachal Pradesh, Delhi and   important to know its role and author-  similar hun-  during 2017-18.           face are not limited administrative   A few state governments are
                                       West Bengal — to specify why they have   ity. This anti-corruption ombudsman   ger strike   However, imparting the duties   implementation. Many times, their   moving towards it, but a bit slowly.
                                       not appointed a Lokayukta. A bench of   organisation, once appointed, cannot be   in 2011 to   of the Lokayukta is not easy as it   lives are in danger. The recent attack   Mizoram Law minister Lalsawta
                                       Justices Ranjan Gogoi and R Banum-  dismissed nor transferred by the state    demand for   involves bringing influential indi-  on Karnataka’s Lokayukta Justice   told the Assembly on March 16 that
                                       athi on March 23 also asked the chief   government, and can only be removed   Lokpal    viduals to book. “Even after 70 years   P Vishwanath Shetty, who was   a search committee formed for the
                                       secretary of Odisha to apprise the court   by passing an impeachment motion             of Independence, people believe that   stabbed multiple times by a visitor at   establishment of the Lokayukta
                                       about the status of the Lokayukta in the   by the state assembly. The Lokayukta,        corruption is a mode of administra-  his office, is the latest example. The   had identified the chairperson and
                                       state, adding that the apex court has no   along with the Income Tax Department         tion. No work can be done without   assailant was apprehended by the   members and details of their profile
                                       information whether it has an anti-  and the Anti-Corruption Bureau (ACB),              influence and money. There are   security staff as soon as he came out   were sent to the selection com-
                                       corruption ombudsman or not.      mainly helps people publicise corrup-                 hardly 10-20 per cent good officers.   of Justice Shetty’s chambers with a   mittee. Interestingly, the Mizoram
                                         The move coincided with the launch   tion among politicians and government            But they also suffer a lot for raising   knife in hand. Tejraj Sharma was re-  Lokayukta Act was legislated by the
                                       of Anna Hazare’s second indefinite   officials. Many actions of the Lokayukta           their voice,” said Justice Subhash B   portedly upset that his complaint to   Assembly in 2014 but its establish-
                                       hunger strike against the Centre at New   have resulted in criminal or other con-       Adi, who retired as Upa Lokayukta of   the anti-corruption ombudsman did   ment was apparently delayed as the
                                       Delhi’s Ramlila Maidan — the same   sequences for those charged.                        Karnataka. “In Lokayukta, only cleri-  not bring him relief. Thus, Lokayuk-  14th Finance Commission did not
                                       place where he had started his anti-  In Madhya Pradesh, for example,                   cal staff are independent. But the   tas face threats not only from alleged   allocate funds for the purpose.
                                       corruption movement against the UPA   as many as thirty-four IAS officers are           police wing and the technical wing,   high-profile culprits but also from   Appointing a Lokpal or a Lok-
                                       government seven years ago. However,   facing Lokayukta probe for irregulari-           whose role is greater in bringing cul-  dissatisfied victims.   ayukta is not enough. Most of the
                                       things have changed a lot since then.   ties committed by them during their             prits behind bars, are not independ-  On the political front, many state   states where Lokayuktas exist, these
                                       Compared to 2011, when the India   postings at various government depart-               ent. The ACB is not independent as it   governments avoid appointing   ombudsman organisations either
          Lokayuktas face              Against Corruption movement featured   ments. Many of these probes have been            is under the government. Then how   Lokayuktas for the obvious reason   don’t have enough teeth to act inde-
                                       the who’s who of social activism, politics
                                                                                                                                                               of coming under their scanner and
                                                                                                                                                                                               pendently or lack adequate budget,
                                                                         underway for the past six to eight years.
                                                                                                                               is it free from government interven-
          threat to their              and other related fields, the anti-cor-  Separately, about 11 IAS officers are fac-     tion? There cannot be reasonable   go to any extent to make excuses.   infrastructure and workforce to
                                                                                                                               investigation. If they don’t probe any
                                                                                                                                                                                               take swift action. The apex court’s
                                                                         ing probe by Economic Offense Wing
                                                                                                                                                               Uttarakhand Chief Minister Triv-
                                       ruption crusader is much lonely on the
          lives not only               stage this time. The two men who were   (EOW) of state police, Congress MLA             cases, that doesn’t mean there is no   endra Singh Rawat, for example,   interference in the issue shall hope-
          from the alleged             seen with him were former Karnataka   and former minister Ramniwas Rawat                corruption.”                    was recently quoted as saying that   fully speed up the process of setting
                                       Lokayukta Santosh Hegde and former
                                                                         recently told the State Assembly.
                                                                                                                                                               a Lokayukta law “is redundant” in
                                                                                                                                 Most recently, Haryana Lok-
                                                                                                                                                                                               up the anti-corruption ombudsman
          high-profile culprits        Haryana Lokayukta Pritam Pal.        Rajasthan Lokayukta Sajjan Singh                   ayukta’s office had complained   the state as the BJP government   organisations across the country.
                                         The apex court’s direction had come
          but also from the            in the wake of Advocate and Delhi BJP   Kothari, who has been granted exten-            about non-cooperative attitude of   was walking the talk on its anti-  The recently-ended indefinite fast
                                                                                                                                                               graft policy. “Where is the need for
                                                                         sion of three years in office, last month
                                                                                                                                                                                               by anti-corruption crusader Anna
                                                                                                                               panchayati raj, urban bodies and
          dissatisfied victims         leader Ashwini Kumar Upadhyay’s plea,   revealed that there were 885 complaints         town and country planning depart-  enacting a Lokayukta Bill when we   Hazare to press for setting up of
          of corruption. The           which alleged that many state govern-  against the Revenue Department,                  ments when it comes to compliance   have been effectively pursuing our   Lokpal at the Centre and Lokayuktas
                                                                                                                                                                                               in the states, besides implementa-
                                                                                                                                                               anti-graft policy?” Rawat had said.
                                                                         followed by 860 against the Urban
                                                                                                                               of reports or directions issued by it
                                       ments are «deliberately weakening» the
          recent Karnataka             Lokayukta by not providing adequate   Development and Housing Department,               from time to time. In his 186-page   At the national level, the Narendra   tion of the Swaminathan Commis-
                                                                                                                                                               Modi government has so far refused
                                       infrastructure, sufficient budget and
                                                                                                                                                                                               sion report, may go a long way in
                                                                                                                               report submitted to the Haryana
                                                                         814 against the Police Department and
          attack is just               workforce. According to the PIL, the   755 against the Rural Development                governor, Lokayukta Justice NK   to appoint a Lokpal, saying that the   implementation of the 2013 Act.
          one example                  Lokpal and Lokayuktas Act, 2013, re-  Department. In his 32nd annual report             Aggarwal (Retd) had highlighted the   grounds that the present Lok Sabha
                                       ceived Presidential assent on January 1,   submitted to Governor Kalyan Singh on        plight of his office in the absence of   lacks a leader of the Opposition and   letters@tehelka.com
                                         Tehelka / 15 april 2018  16  www.Tehelka.com                                                                    Tehelka / 15 april 2018  17  www.Tehelka.com
   16-17 Abdul-Column.indd   2-3                                                                                                                                                                                     30/03/18   3:17 PM
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