Drive Against Corruption And Crime

New Delhi, 11 October 2005

New Delhi, October 11 (INFA): The Lok Sevak Sangh, a non-party organization of constructive workers, has decided to hold its last Satyagraha for elimination of corruption and crime from Indian politics from the first day of the upcoming Winter Session of Parliament.

The Satyagrah will continue till the Sangh’s demands are met.  The organization has set a deadline of 22 May next for the purpose.

The Sangh’s demands?  They are three.  One, immediate enactment of a legislation for a three-member effective Lok Pal as promised by the UPA, NDA, Congress, BJP and the CPI(M).  As of now, there is neither a Lok Pal (for which eight Bills have been introduced in Parliament during the last 37 years since 1968), nor has the Parliament named the “competent authority” required for sanction to prosecute an MP or Union Minister under Prevention of Corruption Act.

This is despite the Supreme Court asking Parliament to name such authority in the Jharkhand Mukti Morcha Case.

Two, disqualifying candidates who may have been charge-sheeted by law Courts for criminal offences involving moral turpitude from contesting elections to Parliament and State Legislatures.  It is admitted that this is a suspension of the democratic rights of citizens to contest elections who may have been falsely charged but this suspension is only temporary and they have the higher courts to go for immediate redressal to clear their names.  It is also conceded that this may result in deprivation of the important right to contest elections for a few persons but the country will not go to pieces if a few honest citizens wrongly charged cannot contest elections.

Three, forfeiture of illegally acquired property of public servants (which expression according to the Supreme Court judgment now includes not only bureaucrats but also our rulers viz. MPs, MLAs and Ministers). 

This was suggested by the Law Commission of India in its report wherein it had sent a complete draft Bill to the Government of India which, as usual, is gathering dust in the corridors of the Law Ministry.

This Bill, if made into a law and implemented honestly by the Government of India, shall bring down corruption substantially, since its perpetrators will not be able to enjoy the fruits of their corruption.

Also, secreting the assets will not do if the Benami Transactions Prohibition Act is implemented. 

There are provisions for the forfeiture of illegally acquired property in the Indian Penal Code as also in the Prevention of Corruption Act for assets disproportionate to the known source of income.  But these provisions can only be invoked after the person is convicted. 

The criminal justice system is in a state of collapse and the rate of final conviction is only 6%. The Law Commission is required to take a good look at all of these factors.---INFA