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Yawn, Another Sarkari: JPC WILL IT TOO BOOMERANG?, By Poonam I Kaushish, 29 March, 2013 Print E-mail

Political Diary

New Delhi, 29 March 2013

Yawn, Another Sarkari JPC

WILL IT TOO BOOMERANG?

By Poonam I Kaushish

 

Phew, the first half of the action-packed Budget session of Parliament is over. The DMK withdrew support over India’s stand vis-à-vis the UN resolution on Human Rights violation in Sri Lanka, the path-breaking anti-Rape Law  was passed, Union Steel Minister and ex-Samajwadi Beni Prasad Verma took pot shots at his erstwhile boss Mulayam.

 

Amidst this hungama, anyone remember a JPC set-up to probe the controversial Rs 3,700 crore Westland helicopter deal for paying Rs 362 crores as bribes? That too, when the CBI has already charge-sheeted five, including former Air Chief Tyagi. Raising a moot point: Will this unravel who got the bribes? Given that five earlier JPC achieved zilch. Yawn! 

 

Notwithstanding, a rare instance when the Government upstaged the Opposition taking the wind out of its sails by cutting deals with ‘outside allies’ BSP, Samajwadi and CPM. Unlike the past when all five JPCs, on 2G spectrum, Bofors gun, Harshad Mehta stock market scam, were reluctantly formed only after the Government was pushed to a corner by an aggressive Opposition.

 

Questionably, why did the Congress volunteer to set up a JPC and Opposition oppose it? What’s changed since an obstinate BJP stalled Parliament’s 2010 winter session demanding a JPC on 2G and the UPA resisted it? How can the JPC submit a report within three months when the Italian Government refuses to share information especially post the marines’ fiasco. Why the duplicity, JPC and CBI probe?

 

It stands to reason that by constituting a JPC the Congress can successfully draw wool on peoples’ eyes and put the issue on a back-burner. As it has done for one year since the scam broke but was forced to act when Italy arrested Finmeccanica’s CEO for bribery and got the CBI to register a case. Time enough for the bribe takers to destroy evidence.

 

Besides, the JPC cannot submit a report within three months bereft of substantive information on nailing the recipient. Other Committees experience shows the earliest it can arrive at any conclusion is a year. By then the current Lok Sabha’s term would expire, thus a futile exercise and a drain on the tax-payers money.

 

Further, the case involves extradition and custodial interrogation of accused foreigners which the JPC can’t do as it doesn’t have these powers, leaving it ineffective. Smacking of a political cover-up. With the Italians playing hard ball to think our MPs can find the bribe-takers is far-fetched.  There is no evidence it can call for at this stage.

 

Think. The on-going experience of the JPC proceedings in the 2G case show our netas responses are determined more on pre-meditated political lines than on merit. See how Chairman Chacko is dragging his feet on allowing ex-Telecom Minister and main accused Raja to appear as witness and testify before the Committee by using the majority muscle.

 

On the fallacious plea that he enjoys legal protection and cannot make fresh revelations before any Committee Understandable, as Raja’s appearance would snowball into Opposition demands for summoning Prime Minister Manmohan Singh and Finance Minister Chidambaram.

 

The issue is simple: Will the JPC unearth the truth? Theoretically it might but in practice no. Simply because if the UPA has its hand in the till, so did the NDA before it. As these two have the maximum MPs in the JPC, how can one ask a murderer to prove his own guilt? One has to appoint a public prosecutor to do that. Similarly, neither the Congress nor BJP can accuse and prove the other took bribes. The cause célèbre why the five JPCs failed to apportion blame.

 

Perhaps, this one too will reach the same conclusion. Till then, one can only keep fingers crossed and hope that the JPC unravels the helicopter scam. Sadly, the experience and outcome of the four earlier Committees show there is not much one can look forward to, in fact all botched in establishing what happened, failed to identify and punish those culpable.

 

Recall, the first JPC on the Bofors deal was instituted in August 1987 after the Opposition stalled Parliament for 45 days but boycotted the Committee alleging it was packed with Congress MPs. Predictably, its report was also rejected. The second Committee to probe the Harshad Mehta irregularities in securities and banking transactions in July 1992, recommendations too were neither accepted in full nor implemented.

 

The third JPC assigned to probe the Ahmedabad-based cooperative bank, Madhavpura Mercantile Cooperative Bank’s big exposure to the stock market through the “K-factor” nee Ketan Parekh in April 2001 held 105 sittings. But the Government did not accept the sweeping changes in stock market regulations made by the Committee and also diluted many of its suggestions.

 

The fourth JPC constituted in August 2003 to look into pesticide residues in soft drinks, fruit juice and set safety standards confirmed that soft drinks did have pesticide residues. It recommended stringent norms for drinking water, alas, nothing came of this too. The 2G JPC is the fifth and is expected to submit its report in six months.

 

Undeniably, the JPCs’ recommendations have persuasive value but the Committee cannot force the Government to take any action on the basis of its report. It is entirely the Executive’s prerogative and discretion to launch fresh investigations on the basis of a Committee’s findings. The Government is only required to report on the “follow-up action” taken on the JPC’s recommendations. These reports can be discussed in Parliament and the Government can be questioned on the basis of the same.

 

What next? Importantly, for any JPC to unearth the truth, its Chairman should be an Opposition leader. Simultaneously, the CBI investigations should be under the Supreme Court’s supervision with a fixed time-frame to unearth the truth. Three, the JPC must have the powers to summon the Prime Minister and Ministers to Committee hearings, as in the UK, which could be gainful.

 

But see the absurdity. The Parliament is sovereign. It allows even the dumbest of MPs the right to ask the Prime Minister a question and he has per force to answer. Yet he cannot be summoned or questioned by a JPC investigating a case of national importance.

 

There is no gainsaying, with an impatient people and general elections a year away the UPA and pet poodle CBI must desist from its 'flex muscle-go-slow-and-stop' reputation and turn a new leaf. It must obtain timely responses on letters rogatory, follow money trails through hawala networks to the end, book middlemen who have bagged illegal profits irrespective of their power and influence.

 

Clearly, the time has come to fix accountability in the helicopter scam. The country’s security cannot be short-changed and military modernisation must not become a casualty of corruption.  The coming days are crucial. One hopes the JPC will help erase some of UPA II’s sleaze taint and restore the people faith in our Parliamentary system. Will the Government adhere to its vow Satya Meve Jayete?  ----- INFA

 

(Copyright, India News and Feature Alliance)

 

 

 

 

 

 

 

 

 

 

 

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