NEW DELHI: Team Anna is a "victim of Congress politics", said activist Arvind Kejriwal Thursday, a day after talks between the government and activist Anna Hazare's group ended in a deadlock.
"We have become victims of internal politics of Congress. How many rounds of talks we have had with senior leaders like Kapil Sibal and Chidambaram but nothing has happened till now. Whom will we talk to?" Kejriwal said, even as Hazare's fast entered its tenth day Thursday.
There was no breakthrough Wednesday night in the talks between the government and Hazare's team for an anti-corruption law.
"There were strong indications that Annaji could be evicted from Ramlila Maidan early morning today (Thursday). As the issue was publicised nothing was done," Kejriwal told reporters here.
Hazare has been on fast since Aug 16, the day he was arrested and taken to Tihar Jail. He was released the same day, but he refused to leave. He shifted to Ramlila ground Aug 19 where he has been continuing with his fast.
Thursday, August 25, 2011
Jan Lokpal Bill: We are victims of Congress politics, says Arvind Kejriwal
Saturday, August 20, 2011
10 differences between Jan Lokpal Bill and Govt Bill
The streets are witnessing a demand that the government's Lok Pal Bill be replaced by the Jan Lok Pal Bill (JLP) as drafted by the team led by Anna Hazare. There are several significant differences between the two bills. In this note, we describe the some of these differences.
First, there is a divergence on the jurisdiction of the Lok Pal. Both bills include ministers, MPs for any action outside Parliament, and Group A officers (and equivalent) of the government. The government Bill includes the Prime Minister after he demits office whereas the JLP includes a sitting Prime Minister. The JLP includes any act of an MP in respect of a speech or vote in Parliament (which is now protected by Article 105 of the Constitution). The JLP includes judges; the government Bill excludes them. The JLP includes all government officials, while the government Bill does not include junior (below Group A) officials. The government Bill also includes officers of NGOs who receive government funds or any funds from the public; JLP does not cover NGOs.
Second, the two Bills differ on the composition. The government Bill has a chairperson and up to 8 members; at least half the members must have a judicial background. The JLP has a chairperson and 10 members, of which 4 have a judicial background.
Third, the process of selecting the Lok Pal members is different. The JLP has a two stage process. A search committee will shortlist potential candidates. The search committee will have 10 members; five of these would have retired as Chief Justice of India, Chief Election Commissioner or Comptroller and Auditor General; they will select the other five from civil society. The Lok Pal chairperson and members will be selected from this shortlist by a selection committee. The selection committee consists of the Prime Minister, the Leader of Opposition in Lok Sabha, two Supreme Court judges, two high court chief justices, the Chief Election Commissioner, the Comptroller and Auditor General and all previous Lok Pal chairpersons.
The government Bill has a simpler process. The selection will be made by a committee consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in public life. The selection committee may, at its discretion, appoint a search committee to shortlist candidates.
Fourth, there are some differences in the qualifications of a member of the Lok Pal. The JLP requires a judicial member to have held judicial office for 10 years or been a high court or Supreme Court advocate for 15 years. The government Bill requires the judicial member to be a Supreme Court judge or a high court chief justice. For other members, the government Bill requires at least 25 years experience in anti-corruption policy, public administration, vigilance or finance. The JLP has a lower age limit of 45 years, and disqualifies anyone who has been in government service in the previous two years.
Fifth, the process for removal of Lok Pal members is different. The government Bill permits the president to make a reference to the Supreme Court for an inquiry, followed by removal if the member is found to be biased or corrupt. The reference may be made by the president (a) on his own, (a) on a petition signed by 100 MPs or (c) on a petition by a citizen if the President is then satisfied that it should be referred. The President may also remove any member for insolvency, infirmity of mind or body, or engaging in paid employment.
The JLP has a different process. The process starts with a complaint by any person to the Supreme Court. If the court finds misbehaviour, infirmity of mind or body, insolvency or paid employment, it may recommend his removal to the President.
Sixth, the offences covered by the bills vary. The government Bill deals only with offences under the Prevention of Corruption Act. The JLP, in addition, includes offences by public servants under the Indian Penal Code, victimization of whistleblowers and repeated violation of citizen's charter.
Seventh, the government Bill provides for an investigation wing under the Lok Pal. The JLP states that the CBI will be under the Lok Pal while investigating corruption cases.
Eighth, the government Bill provides for a prosecution wing of the Lok Pal. In the JLP, the CBI's prosecution wing will conduct this function.
Ninth, the process for prosecution is different. In the government Bill, the Lok Pal may initiate prosecution in a special court. A copy of the report is to be sent to the competent authority. No prior sanction is required. In the JLP, prosecution of the Prime Minister, ministers, MPs and judges of Supreme Court and high courts may be initiated only with the permission of a 7-judge bench of the Lok Pal.
Tenth, the JLP deals with grievance redressal of citizens, in addition to the process for prosecuting corruption cases. It requires every public authority to publish citizen's charters listing its commitments to citizens. The government Bill does not deal with grievance redressal.
Given the widespread media coverage and public discussions, it is important that citizens understand the differences and nuances. This may be a good opportunity to enact a law which includes the better provisions of each of these two bills.
Thursday, August 18, 2011
Jan Lokpal, magic wand to root out corruption, says Hegde
| Jan Lokpal Bill is the magic wand the prime minister has been looking to check corruption in the country, former Lokayukta Justice Santosh Hegde said here on Wednesday. | |
 Addressing a large number of people at the Freedom Park, he said: “The Prime Minister’s search for the magic wand should not be a long one as he has it in the form of Jan Lokpal bill.”His 20-minute speech, which drew students from various parts of the City to Freedom Park, was received with frequent applause. As the City witnessed spontaneous response to the clarion call of Anna Hazare to join the ‘second struggle of independence’, Hegde’s words turned on the fervour in every citizen present at the Park showing their solidarity with the mass movement. Tech rally In Whitefield, over 100 software engineers took out a rally from the SAP Labs office to ITPL via L&T before returning to the starting point. “We believe that the Jan Lokpal Bill proposed by Anna Hazare is superior in terms of the content as compared to the diluted version of the Union government,” said Pradeep, a software engineer and organiser of the rally. Traders in busy Chikpet, Balepete, Akkipete and surrounding areas too joined the movement against corruption. As many as 6,000 shops pulled down their shutters in the area to express solidarity with Anna Hazare and his team. “Those who did not close shop today are nothing more than cowards. We have come together from Chikpet to show our support for Annaji. Corruption is seething in our system which needs to be wiped out,” said Narendra Singhvi, a businessman who owns an electrical shop. Lending support were also social organisations which came together for the cause. At Sadashivnagar, a cluster of NGOs dealing with social issues and women staged a protest against the arrest of Anna Hazare. Hundreds of activists from the Kannada Chaluvali Vedike, Lions Club of Bangalore, Tulu Koota and NIMA participated. | |
Jan Lokpal Bill: Support swells for Anna Hazare in Chennai
"Around 5,000 people visited the protest venue today (Wednesday) till 4 p.m. More office-goers are expected after the office hours," Bhavana Upadhyaya of India Against Corruption (IAC), the outfit backing Hazare, told IANS.
The IAC is holding protests at a construction site and people are fasting inside the multi-storied building.
Bhavana said that out of the 36 people on indefinite fast, a 55-year-old was hospitalised while the number of people on relay fast has increased to 100.
According to Upadhyaya, 30 students were arrested here for shouting slogans in support of Jan Lokpal-the civil society's draft of the anti-corruption bill.
Actor-turned-politician Sharath Kumar visited the protest venue and expressed his solidarity with those fasting. Youth power was visible at the venue with large number of students present at the site.
"We are supporting people who are fighting for the welfare of the country. The fight is against corruption that plagues the nation," R. Dhanya, a student of architecture, told IANS.
Priya Malolan, a housewife who had come with her child at the venue, said: "The nation has to be saved and we are here to lend our support to the noble cause."
E. Sridhar, a banker, said: "The people who come here are commoners like you and me. They are not part of any political party. Now it is the right time to strike so that the nation gets a good anti-corruption law."
Around 1,500 students and faculty members of Srimathi Sundaravalli Memorial School in Chrompet here also took out a procession.
Meanwhile, around 25 college students hailing from Bihar and Jharkhand, travelling in a goods-carrying vehicle towards the protest venue, had a brush with policemen.
"Seeing the ruckus created by the students the police intercepted the vehicle and brought the students here," said a police official at the Kotturpuram station.
The students then got in touch with IAC officials who in turn approached top police officers to help the students. On the intervention of police higher ups, the students were let off.
The students said the police had asked them to pay a fine. "The students were not able to speak properly in English or Tamil. We did not ask them to pay any fine. They were let off with an advice not to shout on the streets," a police officer told IANS.
Wednesday, August 17, 2011
India detains anti-graft activist ahead of fast
Indian social activist Anna Hazare greets supporters from a police vehicle in New Delhi on August 16, 2011, after his arrest by police authorities. — Photo by AFP
NEW DELHI: Indian police on Tuesday detained a veteran anti-corruption campaigner, Anna Hazare, as he prepared to push ahead with a banned hunger strike in New Delhi, witnesses said.
The police action came in front of hundreds of Hazare supporters who had gathered to back his “fast unto death” aimed at pressuring the government into strengthening a new anti-corruption law.
“Plainclothes police came to the apartment where he was staying and asked him to accompany them peacefully,” fellow activist Akhil Gogoi told AFP.
The 74-year-old devotee of independence hero Mahatma Gandhi was driven away in an unmarked car, Gogoi said.
The supporters gathered at the apartment protested his detention, shouting anti-police and pro-Hazare slogans as he was taken away.
Gogoi said the remaining leaders of Hazare’s campaign would hold an emergency meeting “to decide on a future course of action”.
Hazare had staged a 98-hour hunger strike in April that led to the government allowing him and his supporters to help draft the new anti-corruption law, called the “Lokpal” bill.
The April protest caught the country’s attention and was widely supported by celebrities at a time of growing anger over corruption after a string of scandals affecting federal and state ministers.
The proposed Lokpal bill creates a new ombudsman tasked with investigating and prosecuting politicians and bureaucrats, but Hazare wants the prime minister and higher judiciary to come under scrutiny.
Under the draft law, the premier and top judicial figures will be excluded.
Arguing that the law had been watered down, Hazare had planned to begin a second hunger strike in a New Delhi park on Tuesday.
Police banned the protest, arguing that the park was available for only three days and that Hazare had not given an undertaking to limit his fast to that time-frame.
Police had also asked him to ensure that no more than 5,000 supporters would gather at the protest site.
US State Department spokeswoman Victoria Nuland said last week that Washington counted on India “to exercise appropriate democratic restraint” when handling of anti-graft protests.
India rejected the statement as “needless” and said its constitution guaranteed freedom of expression.
“Those who don’t agree with this bill can put forward their views to parliament, political parties and even the press,” premier Manmohan Singh said in his Independence Day speech on Monday.
“However, I also believe that they should not resort to hunger strikes and fasts unto death.”
During his April strike, Hazare called for corrupt ministers to be hanged, telling a cheering crowd that “sometimes you need to resort to violence”.
Prison vigil for India's anti-corruption crusader
Delhi's Tihar Jail is a high security facility in which you will find drugs lords, militants and other prisoners including - over the past year - top government officials accused of corruption.
Its latest inmate is Anna Hazare - the anti-corruption crusader with a Gandhi-like zeal who is thoroughly embarrassing the government.
Outside the prison's high walls, the narrow lanes are choked with people.
Hundreds of them have taken up every available space, chanting, singing and waving giant Indian flags.
These are Mr Hazare's supporters, angered at the government's move to send him to prison and determined to persuade the authorities to release him.
"Isn't it ironic that the man who is fighting corruption is put in the same prison as those very corrupt officials he is trying to bring to justice," one elderly man said. Several others around him nodded in agreement.
Many of the people here have spent the night outside the prison, holding a vigil in solidarity with the 74 year old who has apparently refused all food and camped in the office of the prison chief.
'Showing support'
Within minutes, one section broke into an Indian rendition of the US civil rights song, We Shall Overcome.
“Start Quote
We will stay here as long as it takes for the government to let Anna Hazare go ”
Protester outside Tihar jail
A large number of the protesters were college students, dressed in jeans and T-shirts and passionate in their support.
"It is really, really important for us to come out and show our support for Anna," says Rupali, a social science major at Delhi University.
"The message must go out that as Indians, we will not tolerate corruption."
Others included office workers who had chosen to skip work.
"Every institution in this country is corrupted," says Manju, an airline employee.
"You have to bribe for the most basic things. I had to pay thousands of rupees just to get my passport. And all these government officials sit there and do nothing."
Passions are high, especially with conflicting reports that Mr Hazare may be released soon.
Cheers ring out every time someone emerges from the prison gates, the crowd straining impatiently.
"Let him out, let him out," roars one man and the cry is soon picked up by others.
On what is also an unbearably humid day, volunteers hand out water and bananas.
The heat gets to one older man and he falls to his knees. Three young men rush to his aid and help him to the side.
"We will stay here as long as it takes," another man who was standing next to him stays.
"As long as it takes for the government to let him go."
Round one, it appears, has been won by the Hazare camp
What is the Jan Lokpal Bill, why Jan Lokpal Bill is important
Source: http://indiaagainstcorruption.org/
The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.
Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.
Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill.
The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the "Joke Pal Bill." Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest.
The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill.
A look at the salient features of Jan Lokpal Bill:
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 will not linger on for years anymore: 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. How will it help a 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. So, you 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. But won't the government appoint corrupt and weak people as Lokpal members? That 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. What if some officer in Lokpal becomes corrupt? 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. What will happen to 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: Anna Hazare should not demand for fast-unto-death, says government
NEW DELHI: Anna Hazare is likely to be granted permission for holding his indefinite fast in Ramlila Maidan but with conditions that there will be no fast-unto-death and no use of loudspeakers beyond 10 pm.
Sources privy to the developments said indications of granting permission to hold the protest in Ramlila Maidan has already been given to Team Anna.
However, the government has suggested that they should be no demand for fast-unto-death and it will depute a team of doctors which will be continuously conduct medical examinations, sources said.
While there is no restriction on number of protesters or vehicles, the government has conveyed that no loudspeakers will be allowed beyond 10 pm.
The choice of Ramlila Maidan as an alternative venue was taken as it was bigger than the Jai Prakash Narain Park where Hazare proposed to sit on an indefinite fast.
Manish Sisodia a close aide of Anna Hazare addressing protesters outside Tihar Jail said that Anna wants a minimum one month permit for his fast to continue.
With a defiant Anna Hazare still inside the Tihar Jail over the proposed anti-corruption fast, Union Law and Justice Minister Salman Khurshid refuted charges that action against the veteran social activist was mismanaged by the government.
"Nothing has been mismanaged. It is the government, which will take a final decision in this regard, not an individual or a minister," Khurshid told mediapersons in Parliament House here.
Thousands of Hazare supporters are still present outside Tihar Jail and Chhatrasal Stadium in support of Hazare's crusade against corruption.
Hazare and key aide Arvind Kejriwal spent Tuesday night in the conference room of the Director General (Prisons) of Tihar Jail and reportedly slept barely for about four hours.
The Delhi Police arrested Hazare on Tuesday along with many of his supporters, hours before he was due to begin an indefinite hunger strike to demand tough laws against corruption.