Apex court's anti-corruption move is praiseworthy but not enough

The Supreme Court creates sensation every time it comes up with a new judgment. History repeated itself when the Supreme Court upheld a judgment of the Kerala High Court about sports officials being public servants and hence liable under the Prevention of Corruption Act. This definitely marks a strong commitment on part of the Indian judiciary irrespective of whether it will guarantee the end of corruption in sports or not.

Such a judgment is relevant in today’s context when corruption is rampant not only in sports bodies but also in other streams of life. Sports body officials handle huge public funds. They can’t resist the temptation of misappropriating money. Kerala Cricket Association officials are alleged to have misappropriated Rs 28.42 crore received from BCCI in 2004-08 and Rs 1.88 lakh received from the state for promotion of cricket. There are massive corruption charges on Commonwealth Games officials.

Corruption has also spread its tentacles to other fields like social work and microfinance. Unfortunately, social work is a sector with little accountability but huge responsibility and has exceeded the $1 trillion mark globally. Non-Government Organisations (NGOs) in the developing world have recourse to over $15 billion. The number of NGOs in India is estimated to be over 3.3 million with over 19.4 million people engaged. There is evidence of rampant corruption worldwide. Transparency International ranks NGOs in Kenya as the second most corrupted body in terms of taking bribes. The Council for the Advancement of People’s Action and Rural Technology (CAPART) in India has blacklisted 400 NGOs while another 3,000 NGOs have been blacklisted by the Central Social and Welfare Board (CSWB) on the ground of irregularities of fund allocation and misconduct. India’s microfinance sector has reached the $7 billion mark, with over 120 million homes having no access to banking. About 70 million people have benefitted from microfinance. As per a CRISIL research, there are over 3,000 MFIs and NGO-MFIs, out of which, about 400 have active lending programmes. There are often news of misuse of funds.

NGOs and MFIs handle huge funds, often the same as sports bodies. Under the new SC verdict, if sports officials are public servants chargeable under the Prevention of Corruption Act, social workers and MFIs should be equally chargeable under the same corruption act. This will be another way to push the lazy Indian government to act. To reiterate again, it will not guarantee the end of corruption but will show the commitment of the existing Indian judiciary.

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Anna Hazare Jan Lokpak Bill Vs Government Lokpal Bill

Given below is a comparison of the provisions of the Lokpal Bill as proposed by the Union government and civil society organisations.

Prime Minister's Office

Govt: Complete exemption of PM

Team Anna: PM can be investigated with permission of seven member Lokpal bench.


MPs

Govt: Include MPs but exclude their conduct in Parliament (their powers to speak and vote)

Team Anna: MPs' conduct in Parliament should be included


Judiciary

Govt: Exempt judiciary; to include it in judicial accountability bill

Team Anna: Include higher judiciary within the Lokpal


Lower bureaucracy

Govt: Included only group `A' officials (officials of the rank of deputy secretary and above)

Team Anna: Wants all government employees included


Merger with CBI and CVC

Govt: Wants to keep them separate, only a 11-member agency

Team Anna: Wants CBI and CVC merged with the Lokpal


Selection

Govt: Wants to set up a selection committee including PM, leaders of both Houses of Parliament, leaders of Opposition of both Houses, Speaker, cabinet secretariat, two SC judges

Team Anna: Proposes setting up of a search committee of five judges that would shortlist names to be sent to the selection committee. The selection committee would include two SC judges, two HC judges, PM, home minister, CEC and CAG


Removal

Govt: Only government can move a petition to the court to remove the Lokpal

Team Anna: Any citizen can move the court


Lokayuktas in states

Govt: State governments opposed to Lokayuktas so only one agency will function at the Centre

Team Anna: Lokpal at the Centre and Lokayuktas in states should function, also district officials


Grievance redressal

Govt: Disciplinary action will be taken if deadlines on citizens' charter are not met

Team Anna: Monetary fines should be levied for violating deadlines on citizens' charter


Inquiry process

Govt: Accused should get a hearing before the Lokpal registers a FIR

Team Anna: Court should hear the accused after the case has been filed


Power

Govt: Only high level corruption will be looked at

Team Anna: All corruption should be tackled

Jan Lokpal Bill

*The Lokayukta can only impose financial penalties for complaints found to be false.

*There is no such bar on the Lokpal's powers.

*The Lokpal will have to complete its investigation within one year & the subsequent trail will have to over in another year.

*Loss caused to government due to corruption will be recovered from all those proved guilty.

Anti-corruption crusader Anna Hazare addresses supporters at Ramlila Ground

After three days in jail, anti-corruption crusader Anna Hazare reached Ramlila Maidan and addressed thousands of supporters urging them to continue the fight for a strong Lokpal Bill.

Anna was received by cheering crowds, many of who had been waiting for days.

Earlier in the day, just past the Tihar Jail gates he addressed the crowd outside , raising his hand to the air and shouting "Victory to Mother India" and declaring the fight against corruption would continue whether he was "alive or not" before slowly winding his way in a truck decorated with flags through massive crowds.

Looking fit, the 73-year old Gandhian who is on day four of his hunger strike, urged his supporters outside jail to make sure that the torch of the movement against corruption is not extinguished. He said that India gained freedom in 1947, but the freedom movement had actually begun long time back meaning that the march to end corruption will be a long drawn one.

"We got freedom in 1947. Now the second freedom struggle has begun on August 16. A revolution has started. The fight against corruption will continue whether I am alive or not," he said as the hundreds of supporters waiting for him since early morning cheered and clapped.

Anna said, "After 64 years of independence, we still haven't achieved complete freedom."

"The fight is far from over, it has just begun," he added.

Many supporters had been there overnight and some had offered prayers to the god. Others chanted "the whole country is Anna".

Greeted by rains, the procession made slow progress as Anna waved to his supporters on his way towards Rajghat where he paid obeisance to Mahatma Gandhi before proceeding to Amar Jawan Jyoti at the India Gate and from there to the Ramlila ground, the protest venue.

Hazare supporters accompanied the procession waving the tricolour while he accepted greetings from people gathered on either side of the road in West Delhi.

The improvised vehicle had a huge umbrella to protect Hazare and his close aides from the pounding rain. Apart from walking along with Hazare's vehicle, the supporters followed him on bikes, jeeps and cars.

The procession affected vehicular traffic in and around the Tihar Jail premises including in Janakpuri, Mayapuri and Hari Nagar in West Delhi.

The tireless Hazare was greeted by the supporters with garlands and bouquets at various intersections en-route his procession which was marked by chants of 'Anna' and "Vande Mataram".

Children, housewives and others were seen standing on their balconies and rooftops to have a glimpse of Hazare and the procession.

Thousands of people, many of them school children, waited at Ramlila Ground despite rains to support Anna Hazare.

With the many tricolours, patriotic songs playing in the background and loud slogans and the sun playing hide and seek, it was like a carnival at the sprawling ground in central Delhi where Hazare will continue his fast that began Tuesday.

There were hundreds of school children in the crowd, some who had bunked their classes to come out in support of the 74-year-old Hazare.

"I have come here to support Annaji and we will get the civil society version of Lokpal bill passed come what may," said Prateek Babar, a student of Rajkiya Sarvodya Vidhyalaya School in west Delhi.

As it started pouring heavily, some people started dancing.

"When the government could not stop us, this downpour is nothing. I am here to witness history in the making," said Rehan Singh, a Class 9 student who had a tricolour painted on his face.

Authorities looked worried though.

"The marquee put up at the Ramlila ground is not waterproof. The ground is already wet. If it rains more, it will be difficult to handle," said Deputy Mayor Anil Sharma.

Anna's exit from jail today, took place after two days of hard negotiations with the government and the two sides agreeing that Hazare will undertake a fast for 15 days at the Ramlila Ground subject to certain conditions.

Hazare got from Delhi Police the spacious Ramlila Ground for his fast instead of the smaller J P Park.

Significantly, Team Hazare made it clear that his fast would not be a fast-unto-death and he will be on hunger strike only till his health permits.

73-year-old Hazare, in a video shot inside Tihar Jail, said the protests by "all my brothers and sisters, the elderly and the children" is giving him a "new energy" for his fast.

He said people were fed up of corruption and the government should not take long to bring a strong Lokpal Bill.

Hazare, who is on the third day of his fast inside Tihar jail, also said he is not "tired" at all.

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Delhi Police arrested Anna Hazare: India Against Corruption

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Anna Hazare courted arrest after being detained by Delhi Police at his residence in Mayur Vihar ahead of his indefinite fast on Tuesday.

Senior officers of Delhi Police reached Anna Hazare's flat early in the morning and informed him that he could not leave his home. However, Hazare turned down the request following which he was detained.

"We have detained him as he did not budge from his position of defying prohibitory orders," police official said.

Anna in his addresses to the nation before his arrest asked his supporters not to stop the agitation. He urged the protesters to remain peaceful.

He added: "I appeal to you that let there be no violence in this movement. I also appeal to you, young and old alike, to give eight days of your life to the nation - if necessary for a jail bharo andolan."

Arvind Kejriwal, Kiran Bedi and Manish Sisodia were also taken into preventive custody by the Delhi Police.

"This is exactly what happened during emergency. Emergency has revisited the country. This detention is unconstitutional and undemocratic," said Kiran Bedi while courting arrest at Raj Ghat.

According to sources, Anna is being taken to Officers' mess, Civil Lines in Delhi.

Ahead of the proposed fast by the Gandhian, a group of people had thronged the east Delhi apartment where Hazare was staying to pledge their support to his protest.

Security personnel, including some in plain clothes and some from the special branch, were deployed around the apartment premise.

Around 500 police personnel have been deployed from early morning itself after the city police imposed Section 144 around the park, police sources said.

Late Monday, at least 50 supporters of Anna Hazare were detained at Jai Prakash Narain Park, the venue of the anti-graft crusader's planned fast, for defying prohibitory orders clamped in the area.

The supporters of the Gandhian were taken in a police bus to a nearby police station, police said.

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