Opinions invited on the Lokpal bill

A Parliamentary committee examining the Lokpal bill on Saturday sought suggestions from public within 15 days, making it clear that the August 30 deadline set by Anna Hazare on passing the anti-corruption legislation would not be met. The Parliamentary Standing Committee on Law and Justice and Personnel issued an advertisement in dailies outlining salient features of the bill and asking people to send their opinions. The time of 15 days is the standard time given by parliamentary panels to people or organizations to send feedback on bills. Reacting to the newspaper advertisement, Hazare’s associate Arvind Kejriwal said it appeared to be an exercise which will waste the time of people and Parliamentarians. “We appeared before the Standing Committee earlier and told them that the present bill is actually for promotion of corruption and save the corrupt people,” he said.

Rajya Sabha impeaches Sen

The Rajya Sabha has passed the impeachment motion against Justice Soumitra Sen of the Calcutta High Court, clearing the first stage for his removal. This is the first time in the country’s history that an impeachment motion against a judge has been passed by either House of Parliament. The impeachment motion was passed with 189 ayes and 17 noes, the latter from members belonging to BSP which opposed the motion. Trinamool Congress MPs were absent during voting. This is significant as Sen’s impeachment is seen as part of the fight between CPM and expelled leader and former Speaker Somnath Chaterjee. The impeachment motion will come up before the Lok Sabha next week. If passed by a twothirds majority in the Lok Sabha, the motion will be referred to the President who will order Justice Sen’s removal as a judge. Replying to the discussion on the impeachment motion, CPM leader Sitaram Yechury said, the entire deliberations, including Justice Sen’s 100-minute defence, had only proved the misbehaviour on his part, both as a court-appointed receiver as well as after his elevation as a judge.

Jagan in trouble

CBI has carried out searches at various premises of Y S Jagan Mohan Reddy following charges that investments made in his companies were “quid-pro-quo” for favours doled out by his father Y S Rajasekhara Reddy, the then chief minister of Andhra Pradesh. CBI registered a case against Jagan on the instructions of Andhra Pradesh High Court under relevant sections of the Indian Penal Code pertaining to cheating, criminal conspiracy, criminal breach of trust and under provisions of Prevention of Corruption Act. Agency spokesperson Dharini Mishra said in Delhi that searches have been conducted at Hyderabad, Bangalore, Chennai, Kolkata, Rajkot, Delhi and Mumbai, in this connection. “The CBI has registered a case-...against a Member of Parliament from Andhra Pradesh, and others, on the orders of High Court of Andhra Pradesh...on the allegation that the investors who invested in the companies owned and promoted by the Member of Parliament at very high premiums were as a quid-pro-quo for the favours doled out by the then Chief Minister of Andhra Pradesh,” she said. Acting on the separate petitions filed by textile minister P Shankar Rao and TDP leader Yerran Naidu, the Andhra Pradesh High Court had recently ordered CBI to probe the alleged illegal assets that the Kadapa MP had amassed during his father's regime as chief minister. The agency in a separate case also searched the premises of Principal Secretary (Home) B P Acharya and builder Emaar-MGF in Hyderabad. In the second case, searches were conducted after CBI registered a case against Emaar-MGF, its sister concerns and others on the allegations that favours were granted to it by the state government officials in the execution of a posh real estate project at Manikonda, here. The agency registered the case against the real estate developer on the instructions of the high court under the IPC sections pertaining to cheating, criminal conspiracy and provisions of Prevention of Corruption Act. Reacting to the development, executive president Emaar-MGF Sanjiv Saddy said, “As a corporate policy, the group always cooperates with the investigating agency and adheres by the law. We are providing all the documents sought by the CBI officials and cooperating with them.”

Swiss to share banks info from Sept : Pranab

Finance minister Pranab Mukherjee said the agreement signed with Switzerland for sharing banking information on demand is likely to come into force by September. He said during Question Hour in the Lok Sabha that he had signed the agreement with Switzerland for sharing banking information of Indians having accounts there during his earlier tenure as finance minister in UPA-I government. He said the Swiss Parliament had ratified the agreement but as per rules of direct democracy prevalent in that country all cantons (states) have to ratify it. “This process will be completed by September. Information will be shared from April 1, 2011, prospectively not retrospectively. No country has agreed to share information retrospectively,” Mukherjee said, adding once it comes into force, banking information will be exchanged between the two countries on demand. Mukherjee said India’s Tax Information Exchange Agreement (TIEA) with four sovereign entities, namely Bahamas, Bermuda, British Virgin Islands and Isle of Man was already in force. These are famous tax havens where blackmoney of individuals from several countries has been parked. India has also signed TIEA with Cayman Islands but it is yet to come into force. The finance minister said India’s Double Taxation Avoidance Agreement (DTAA) with 80 countries was already in force while DTAA with Columbia, Ethiopia, Lithuania, Taiwan and Tanzania has been signed but is yet to come into force. India has re-negotiated DTAA with Italy, Norway, Singapore and Switzerland.

NCPRI's draft Lokpal bill

The draft of NCPRI's version of the Lokpal bill, made public in July, seeks to include the Prime Minister, just like provisions in the Jan Lokpal bill, as well as all levels of bureaucracy and the judiciary in the Lokpal’s ambit but with specific conditions. The stand taken in the NCPRI's draft bill is that the Prime Minister's inclusion must ensure that no investigation would be launched involving him unless the full bench of the Central Anti-Corruption Lokpal has, based on evidence available, recommend such an investigation. On a subsequent reference made by the Anti-Corruption Lokpal to the Supreme Court of India, a full bench of the Supreme Court has examined the evidence and concurred with the National Anti-Corruption Lokpal. This, the draft bill feels, will protect the PM from false investigations. Further, the bills suggests that after receiving a concurrence of the Supreme Court no investigation should be launched till a notice has been served to the ruling party or coalition that the Anti-Corruption Lokpal proposes to conduct an investigation after 15 days are given to them to make alternative arrangements, if they so wish. However, the draft proposes, during this period the Anti-Corruption Lokpal shall be authorised to safeguard evidence and witnesses, as it would once the investigation starts. The NCPRI version of the Lokpal bill is based on a slew of measures involving multiple institutions rather than one institution for doing everything for everyone. It adopts a two-pronged approach to cover not just complaints under the Prevention of Corruption Act, but also to take cognisance of complaints relating to violations under Chapter IX of the IPC, prevention of money laundering, and other legal instruments that the government may notify from time to time. The bills seeks to address issues of corruption through three parallel Lokpals – the national anti-corruption Lokpal, a stronger Central VigilanceCommission or the Kendriya Satarkta Lokpal, and a stronger Judicial Accountability and Standards Bill or the Nyay Palika Lokpal. On the issue of the investigations against the Prime Minister, the draft bill suggests that the Anti-Corruption Lokpal should not investigate on his role in matters relating to intelligence and security. This suggestion follows arguments since the Prime Minister deals with several sensitive matters, especially those relating to intelligence and security matters, it would be best to keep him out of the purview of the Anti-Corruption Lokpal. The draft bill also suggests that on complaints regarding actions done by others where the Prime Minister is not directly involved but can be held responsible as the head of the government or cabinet should not be entertained. The draft also seeks for creation of a National Law for Public Grievances Redressal for grievances and to back it all up with a strong Whistleblower Protection Bill or the Lokrakshak Kanoon for safeguarding the interests of those who bring issues of corruption to the limelight.

The Aruna Roy-led National Campaign for People’s Right to Information (NCPRI) on Saturday described activist Anna Hazare’s resolve to continue his fast till Parliament passed his version of the Lokpal bill as “dangerous’’ and “undemocratic”. Affirming faith in the parliamentary process, NCPRI members said that while the government draft left much to be desired, significant changes could be made in the pending anti-graft legislation. Arguing that Anna Hazare should not deride democratic institutions, NAC member Aruna Roy said the Gandhian was “ill-advise” adding, “We must assert our rights. But to get rid of these institutions would be a great disaster for all the people in this country. We must make these democratic institutions work for us and they must work for us.’’ Roy said that NCPRI would take their version of the Lokpal bill and the accompanying basket of measures to the Standing Committee and the Hazare group should do the same. In an apparent reference to Hazare setting a deadline to pass the Jan Lokpal Bill, she said, “I think Annaji is ill-advised...anyone who says my view should be the only view is wrong.” Former Chief Justice of Delhi High Court Justice A P Shah said that the deadline on Parliament was “dictatorial and undemocratic”. He added, “What will happen to this country if every group starts insisting on passing their own laws? It a most unreasonable demand and I have serious doubts that they understand the implications of their demand.’’ Another NAC member Harsh Mander said that it was the right of all people to be heard and no one could claim to represent all people.

Somewhere in Chennai....

Ending speculation about the future of the new and modern secretariat complex, TN chief minister J Jayalalithaa on Friday announced that it would be converted into a super speciality hospital that would be on par with the All-India Institute of Medical Sciences. The proposed second block, yet to be constructed, will be converted into a medical college, she told the assembly. After making necessary arrangements, including appointing doctors and nurses besides procuring equipment, the sprawling assembly hall, which cost the previous DMK government about Rs 500 crore to build, would be put to public use. The complex, intended by the earlier DMK regime to be a modern secretariat, housing both the assembly hall and the government offices, could not accommodate all 36 state departments and the government could not function from two places, Jayalalithaa contended. DMK chief M Karunanidhi, who reacted to the decision late in the day at a public meeting in the city, said, “There is nothing wrong in converting the building into a hospital. I myself have donated my house (in Gopalapuram) for building a charitable hospital.” He added that the previous DMK government had spent about Rs 500 crore.

Paschimbanga

West Bengal will soon be called Paschimbanga — a name harder to pronounce for non-Bengalis and barely a notch higher in alphabetical order. hief minister Mamata Banerjee admitted that the new name might not meet everyone’s aspirations or weed out administrative difficulties that the state was facing because of being last in alphabetical order. “Paschimbanga was the unanimous decision at the all-party meeting,” Mamata said. Her partymen say Mamata favoured Bangabhoomi but gave in to pressure from Congress and Left parties. Once approved in Parliament the new name will help the state crawl up only seven places. Intellectuals like Gautam Ghose, Sunil Ganguly, Shirshendu Mukhopadhyay and Buddhadeb Guha were shocked. The new name has triggered heated discussions on internet.