Hazare announces jail bharo on April 12 after govt rejects demands

NEW DELHI: The government has rejected the demand of Anna Hazare to issue an official notification to constitute the draft committee for Lokpal Bill and also rejected the proposal for an outsider to lead the new committee of government and civil society.

The protesters announced that Kapil Sibal had conveyed about this decision to them and has also said that Pranab Mukherjee will head the committee.

Reacting to the government's stand, Anna Hazare announced country-wide Jail Bharo agiation on April 12.

An angry Hazare said that the people will teach the government a lesson by joinging the jail bharo agitation against the government.

Meanwhile, Anna Hazare, whose fast entered the fourth day on Friday, has said that he will not become the chairman of the proposed draft committee for the Lokpal Bill.

Addressing the thousands at the protest site, Anna Hazare said that he would only assist the committee in advisory capacity.

The fasting leaders announced that Anna Hazare will write a letter to Prime Minister Manmohan Singh forwarding the names of Santosh Hegde and Justice GS Verma to lead the proposed draft committee.

The government has already rejected these names.

Hazare called for immediate decentralisation of power at the centre to ensure that there is end to corruption in governance.

Stating that Mahatma Gandhi stressed on decentralisation of power, he said his fast for Lokpal Bill was like the second fight for Independence. He said, Lokpal Bill will lead to decentralisation of power.

Hazare said Right to Information Act is an example for all to see. The RTI has led to devolution of power.

Taking a dig at the present set up, Hazare said all the agencies to tackle corruption at present are under the government and hence there has never been any positive outcome of any probe.

Hazare said we are demanding that all these agencies should come under the purview of Lokpal. This will ensure that all the corrupt will land in jail, he said.

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Govt rejects demand to make Anna head of Lokpal Bill panel

The government on Friday talked tough on Anna Hazare's demand for an effective Lokpal Bill, saying it cannot accede to the demands of chairmanship of the joint drafting committee being given to a civil society member and for issuing an official notification.

A meeting of HRD Minister Kapil Sibal with activists Swami Agnivesh and Arvind Kejriwal scheduled this morning did not take place with both sides saying they were waiting for each other. The meeting is now scheduled at 6 pm.

Sibal said only government officials will be members of the joint drafting committee on Lokpal Bill and that no minister will be part of it.

"There is no possibility of an official notification on the constitution of the joint committee but we have told them that we are willing to give an official letter through the law ministry and a press note," he said.

Sibal said he was waiting along with his ministerial colleague Salman Khurshid for Gandhian Hazare's supporters – Arvind Kejriwal and Swami Agnivesh – this morning but as they did not turn up, he called them on phone.

When Agnivesh asked him about the position of the government on the notification issue, Sibal said, "I told him our position remains the same.

"It is not possible for the government to issue a notification with respect to constitution of a joint committee. However, we are willing to issue an official letter through a department of the government, may be the law ministry and, of course, through a press note," he said.

Sibal said it was not possible for the government to accept that the chairman of the joint committee should be a member from the civil society.

"All other conditions and all other points are acceptable to us," the minister said.

"If you insist that a nominee of your side is a chairman of the joint committee, in that event the constitution of the committee will not consist of ministers from our end but it will consist of officials of government of India in which eventuality you can have your nominee as chairman of the joint committee," he said.

Meanwhile, Anna Hazare announced a jail bharo agitation from April 12.

Hazare's fast-unto-death entered the fourth day on Friday even as anti-corruption activists waited for a communication from the government over holding another round of talks to iron out differences over notifying formation of a joint committee to draft an effective Lokpal Bill.

Social activist Swami Agnivesh said, "We are waiting for a communication from the government side.

Yesterday, it was informally agreed that we will met around 9 am. We have not got any formal communication".

HRD Minister Kapil Sibal had said that two sides would be meeting this morning for the third round of talks.

"The two sides had agreed on almost all issues but there is no agreement on two issues, that is issuing an official notification to form the committee and making Hazare the chairman of the committee. So we need more time and we will meet again tomorrow and see we can evolve a procedure with which we can move ahead," he had said yesterday.

Three of the five demands raised by Hazare and his supporters have been met by the government. These are formation of a joint committee with five members each from government and civil society, immediate setting up of the panel and bringing the Bill in Monsoon session.

However, government did not agree to the demands of the activists that Hazare be made the chairman of the joint committee and issuing an official notification for the constitution of the committee.

A close aide of Hazare said the 71-year-old activist was in good health though there he was feeling weak. "We are waiting for the results of third round of talks," the aide said.

Last night, Congress chief Sonia Gandhi had appealed to Hazare to end the fast. "I am sure that Hazareji's views will receive the government's full attention as we move forward to fight this menace. I appeal to Anna to give up his fast," Gandhi had said in her appeal.


Hazare had asked Gandhi to tell her government to get the Lokpal bill enacted at the earliest.

"I will fight till death," Hazare had said addressing hundreds of supporters gathered near Jantar Mantar here after word spread that talks between government and anti-corruption activists were deadlocked.

On Friday, Hazare said that he would write to Sonia Gandhi seeking her intervention on Lokpal Bill issue.

Expressing dissatisfaction over the government's reluctance to come out with a notification to constitute the committee, he said his fast will continue.

Indian express

Anna Hazare

Kisan Baburao Hazare, popularly known as Anna Hazare (January 15, 1940), is an Indian social activist who is especially recognized for his contribution to the development of Ralegan Siddhi, a village in Ahmednagar district, Maharashtra, India and his efforts for establishing it as a model village, for which he was awarded the Padma Bhushan by Govt. of India, in 1992.

Govt Lokpal Bill

Present

Lokpal Bill has been introduced eight times in Parliament since 1968. All the eight versions have been very weak. Even these weak versions have not been passed so far because Lokpal Bill seeks to investigate politicians. The latest draft of Lokpal Bill prepared by the present UPA government is a complete eyewash. Rather than strengthen anti-corruption systems, it demolishes whatever exists in the name of anti-corruption systems today. It seeks to completely insulate politicians from any kind of action against them

Features of proposed Jan Lokpal Bill

Salient

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people thus will not linger on for years. Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. Help to common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. One could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. Government appointing corrupt and weak people as Lokpal members won’t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. The existing anti-corruption agencies CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

Jan Lokpal Bill

In India, the Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill that would pave the way for a Jan Lokpal, an independent body like the Election Commission, which would have the power to prosecute politicians and bureaucrats without government permission.

The bill has been drafted by Shanti Bhushan, former IPS Kiran Bedi, Justice N. Santosh Hegde, renowned advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and the civil society. The bill proposes institution of the office of Lokpal (Ombudsman) at center and Lok Ayukta at state level. Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.

The Lokpal Bill drafted by the government has languished in the Rajya Sabha for 42 years.The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008. Yet none of these bills were ever passed.

Background of Jan Lokpal Bill

The movement for Jan Lokpal Bill started due to the resentment because of the serious differences between the draft Lokpal Bill 2010 prepared by the government and the Jan Lokpal Bill prepared by the members of this movement,[6] which has received significant public support. The current lack of any laws to curb endemic corruption has made the need for the Jan Lokpal Bill.

Lokpal Bill hanging fire for 42 years

Successive governments have tried to put in place for the past 42 years a law that would enable citizens to sue even the most powerful arm of the state for corruption.

The short-lived IK Gujral government made an unsuccessful attempt in 1996 to pass the Lokpal bill, a proposed enactment that had fallen five times since 1968.

AB Vajpayee’s NDA governments in 1998 and 2001 also made similar failed bids.

Prime Minister Manmohan Singh said in September 2004 that the Congress-led UPA government would lose no time in enacting the bill. But a small clique in the UPA and a strong lobby in the opposition, which has always felt that transparency isn’t conducive to a multi-party government, blocked it.

The Lokpal Bill, 2010, which awaits a select committee’s nod, provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman.

Corruption in various segments of public life is eating into the vitals of our nation. India has slipped from 84th to 87th position on the global corruption perception index. As a result, we have 1 lakh billionaires and 8.7 crore below-poverty-line families (about 40 crore people).

A Raja, former telecommunications minister in the UPA government, is alleged to have deprived the exchequer of Rs1.76 lakh crore. The key players in the Commonwealth Games scandal also belong to the ruling Congress.

Former chief justice of the Delhi high court and rights activist Rajinder Sachar, however, says the Lokpal Bill is “shamefully toothless and meant just to give a false reassurance to the people that the government is serious in its fight against corruption”.

On the other hand, former chief justice of India MN Venkatachelliah, who had headed a national committee to review the working of the Constitution set up by the Vajpayee government, has recommended that the prime minister be kept out of the Lokpal’s purview since “he occupies a unique position and is head of the entire governmental structure”.

But it would be worth an exercise to examine the issue in the light of the Raja row.

Corrupt India:Why is Anna Hazare fasting?What's Lokpal Bill?

New Delhi, Apr 6: It seems that the anger-volcano has, finally, erupted from the hearts of Indians. People of the nation have been exhausted with the overdose of corruption news that have marred the image of the nation so far. Corruption allegations against most of the political leaders and the inaction from the government's side compelled the "aam admi" to join the protest of the anti-graft crusader Anna Hazare.


With innumerable scandals (2G spectrum scam, CWG, Adarsh housing scam and so on) the country is facing now, social activist Anna Hazare has decided to take things in his hand and take on the corrupt "babus" by fasting unto death against corruption.

Hazare's decision for holding the indefinite fast came over his demand to introduce a new Lokpal bill in the Parliament to tackle the numerous corruptions that has ruined the roots of Indian political scenario.

Starting his protest on Tuesday, Apr 5, Hazare claimed, "Like Supreme Court (SC) and Election Commission, an independent body called Jan Lokpal should be set up at the Centre and a Jan Lokayukta should be set up in each state to receive complaints of corruption, investigate them within six months and prosecute the guilty."

What is Lokpal Bill?

Lokpal Bill is a measure to conduct an investigation regarding involvements of people with high profiles (Prime Ministers, Chief Justice of India (CJI) and so on). The bill will provide speedy, cheaper form of justice to people.

The Lokpal bill will not wait for any permission from the high commission to begin the inquiry into the alleged irregularities and corruption charges against political leaders, judge's or even the Chief Justice of India (CJI).

In the proposed system, politicians will not have any say in selections of chairperson and members of Lokpal. Loss caused to government will be recovered from accused. The punishment, if found guilty will be 5 years to maximum life term in the proposed system. Right now the punishment is 6 months to maximum 7 years.

However, Lokpal Bills were introduced in the Parliament several times (1969, 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008) but failed to be passed all these times.

Present scenario:

Despite requests from many leaders including the PM Manmohan Singh not to proceed with his decision of indefinite fast, Anna Hazare kicked off his protest. Within 24 hours, more than 300 people took part in a token huger strike to express their solidarity with Hazare.

The movement has irked various political parties that had to bear the brunt of Hazare's fiery rhetoric that doesn't seem to spare anyone. Pawar added on the future of the campaign, "The chain hunger strike will continue till April 11 and a 'Jail Bharo' agitation will be launched on April 12, whereby people and activists will court arrest."

Many star campaigners have joined the protest besides 40 or more organizations showing support to the cause. In a statement issued by the All-India Anti-Corruption Committee, "There is a need to get rid of corruption and the Lokpal bill has to be very stringent. Even the prime minister should come under the purview of this bill."

Meanwhile, one of the main targets of Hazare's criticism, agriculture minister Sharad Pawar chided, "I will be happy if you relieve me from all GoMs, including that GoM (on corruption)."

What is Lokpal Bill

The Lokpal will be a three-member body with a chairperson who is or was a chief justice or Supreme Court judge, and two members who are or have been high courts judges or chief justices.

Implementation of the Lokpal bill will hopefully reduce corruption in India.

The basic idea of the Lokpal is borrowed from the office of the ombudsman in other countries.
It provides for filing complaints of corruption against the prime minister , other ministers and members of parliament with the ombudsman.

Anyone, except for a public servant , can file a complaint and the Lokpal has to complete the inquiry within six months.

For 42 years, governments have tried to put in place the law.

The bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, the Lok Sabha was dissolved , resulting in the first death of the bill.

It was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008.

In September 2004, prime minister Manmohan Singh said the Congress-led United Progressive Alliance government would lose no time in enacting the bill. But strong lobbies blocked it.

The Lokpal Bill, 2010, awaits an okay from a select committee.

Former chief justice of the Delhi high court and rights activist Rajinder Sachar feels the bill is "shamefully toothless and meant to give a false reassurance to the people that the government is serious in its fight against corruption" .

But former chief justice of India M N Venkatachelliah feels the PM must be out of its purview.

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What is Lokpal Bill

The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed. Th Lokpal Bill was visualised as the watchdog institution or ministerial probity. Broadly the provisions of different bills empowered the Lokpal to investigate corruption cases against political persons at the central level.

Main objective of the bill is to provide speedy, cheaper form of justice to people.

In the proposed system Lokpal will have complete powers to dismiss a corrupt official.

Lok Pal will have powers to probe or prosecute any judge, even CJI, without any permission while in present scenario CJI permission is required even to register FIR against any judge.

Also, in the proposed system, politicians will not have any say in selections of chairperson and members of Lokpal.

Loss caused to government will be recovered from accused.

The punishment if found guilty will be 5 years to maximum life term in the proposed system.

Right now the punishment is 6 months to maximum 7 years.

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