Political Diary

New Delhi, 21 December 2013

Lokpal, Finally!

BATTLE FOR CLEAN POLITICS

By Poonam I Kaushish

Phew, after 45 long years and after innumerable hiccups the long pending Lokpal became reality last week. The first baby steps towards cleaning up the political cesspool and belling the big fat cat of corruption. All have their fingers crossed as the taste of the pudding would lie in how effective it is at the ground work level. At best a work in progress.

It is no secret the polity was coerced into passing the Lokpal Bill simply because of the raging public angst against the entire political class, VVIP culture and its growing under-belly of sleaze. Underscored in the phenomenal victory of the debutant Aam Aadmi Party in the Delhi Assembly elections. Compelling reason enough to quietly bury differences, cobble together a majority and post haste pass the Bill, else our netagan would face the same fate in the coming general elections four months away.

Undeniably, the Lokpal would be a powerful entity with powers to use any central agency ranging from CBI, Intelligence Bureau to Enforcement Directorate. The anti-corruption ombudsman could also requisition services of any agency in an investigation once it concluded that a complaint was valid and needed a thorough probe along-with sanctioning prosecution against public servant

But all this is very well. The moot point is: Why has the Government not made the CBI an independent autonomous body? The Prime Minister continues to hold the reins of the Bureau. Today, a Government controlled CBI does more disservice to its political masters than good. Resulting in the cacophony of tarnishing the entire political class per se as sab chor hai, notwithstanding those clean. 

In fact, the CBI is a hand maiden of our netagan and dances to their tune wherein its fatal attraction for political cover-ups, clean chits, hit-ins and fool proof surety for law enforcers to become law breakers has earned it two ignominious nicknames: Congress Bureau of Investigation and Central Bureau of corruption, connivance and convenience. With the devil taking the hindmost!

Scandalously, it is a mystery why the CBI did not oppose jailed RJD chief’s Lalu Yadav’s bail application when it came up for hearing in the Supreme Court last week. Recall, Lalu held guilty in the chara scam was disqualified and barred from fighting the Lok Sabha or Assembly elections for six years under the new amendment Section 8(4) of the Representation of People’s Act.

Equally interesting barely a day after Lalu’s release from jail its ally Congress President Sonia Gandhi rang him and announced that the Congress-RJD alliance was intact. A mere coincidence what?

Worse, the CBI seems to have adopted a brazenly opportunistic policy of playing safe with Governments of the day and doing at their bidding. The reason? Officers are dependant on their political bosses for their careers going north or south. If they “perform” they are rewarded! See how an ex-CBI chief was made member of the Human Rights Commission post retirement.

Pertinently, the Lokpal Bill has not obviated a vital reason for the CBI being accused of being supplicant to its mai baaps, namely re-employment of an outgoing CBI director. Given that the desire of a future favour could influence him and compromise his independence while conducting himself in an investigation and the CBI.

An example: Even as the Lokpal would have a say in the transfer of officers investigating a complaint, it is also in the realm of possibility that the Government could ensure that a “pliant” official is earmarked to the ombudsman for investigations in to sensitive corruptions issues involving politicians and bureaucrats. Specially against the backdrop that there are over 1,300 cases pending against MPs and MLAs in various courts.

Knowing our polity and its hypocritical culture, we will no doubt continue to hear noises or even be treated to some cosmetic measures. It is absurd nonsense to say that the CBI cannot deliver. Of course, it can as shown by the nailing of Raja, Kanimozhi and Kalmadi. But this requires clear and firm political will. 

The foremost corrective is to ensure that the appointment of the CBI Director is truly above board and is based on his genuine expertise, integrity, competence and commitment. He should have no political affiliations, lest he is dubbed as the Prime Minister’s hatchet man. His impeccable record of absolute honesty would go a long way in establishing the credibility down the rank and file.  This would ensure a just and unbiased assessment of all important cases.  And, bring in the much-needed accountability to inspire confidence among the disgusted public.

Undoubtedly, till the CBI is freed from the fetters of Government control it will continue to be a caged parrot of the powers-that-be. The way forward is to make the agency independent and autonomous. Also, the agency must have its own cadre of officials who should carry no political baggage. India needs a sleek CBI that acts without favours and prejudice. Remember, democracy is not competition in Constitutional indecency and impropriety.

Importantly, at the heart of these answers lies a larger question: What is the best institutional framework for fighting corruption? Are we better off with a strong Lokpal? Or are we better off making the CBI truly independent of the Government, strengthening the 'Judicial Accountability and Standards Bill et al. All this, of course, coupled with a Lokpal to keep an eagle eye on politicians and bureaucrats.

Clearly, there are no answers to these questions. It would be presumptuous to assume that a piece of paper will sound the death-knell of the corrupt. Given that every law has a loophole, each argument a counter viewpoint. And just as all fingers are not the same, one cannot tar all men with the same corrupt brush. All in all, the time has come for our leaders to wake up from their deep slumber of self conceit and deception.

What next? Whether the Lokpal does translate into ending ghooskhori only time will tell. But it does not stop the Government from making the Lokpal a top-class outfit whereby it flushes out the political cesspit. Our leaders have to desist from subjecting the CBI to bureaucratic prescriptions of effecting economy in administration. India needs a sleek CBI that acts without favours and prejudice.

Side by side the UPA or the next Government must set in motion long pending judicial reforms. The judicial process must be overhauled post haste to deliver a final verdict in months, not decades as happens currently. Already over 3 crore cases are pending in various courts.

Two, the Supreme Court needs to streamline the functioning of the lower judiciary. Three, we need to bring into force the much-debated electoral reforms. Simultaneously the Government needs to push legislations like the Whistle Blowers Protection Bill, Right of Citizens For Time-bound Delivery of Goods and Services and Redressal of their Grievance Bill and the Judicial Accountability Bill.

Above all, we need politicians who are men of conscience, integrity and credibility. Not comrades in crime. Else the aam aadmi and history will never forgive them. Political accountability is paramount. The battle for clean politics is on. Ready to join? ---- INFA.

(Copyright, India News and Feature Alliance)